fromnaija
02-07 12:16 PM
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
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gunabcd
06-28 04:15 PM
As per online status "Your response received on June 15th and processing resumed". If it's pending for couple more days, As per the rule i should get my $1000 back. Will my I-140 then thrown back in the normal (non-PP) queue?
micofrost
05-06 07:44 PM
Guys!!!
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
No point in showing frustration. Its not our birth right. We all were well educated before we came in here. Situation changes. And system makes an adjustment. Dont blame your country( I am also from India), for no one asked us to move out. There are so many nice positions available to work for. More than 80% of us found here a better oppurtunity, because there were no competition at all in getting jobs. 1st come 1st serve.
So do not complain. They do not have any urgency to hand us over the GCs. We can only request them to do the needful on the basis of our sorry state of affairs. Again, we are still at their mecrcy.
So stop complaining. Either wait and support IV or boot out.
2011 i love you friend quotes.
lvinaykumar
04-12 07:08 PM
i have been trying a lot to convince my friends to sign up but it is useless man. unless they feel the pain they dont see it. for most of the 20$ is nothing but they will not sign up for iv..
more...
BharatPremi
07-06 11:26 AM
Guys,
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
Here are my thoughts:
---------------------
There are Four group of people (Became current with July bulletin) who are affected and suffered.
1) The people whose applications reached to USCIS before 10:00 AM
07/02/07, i.e. before USCIS's new revision/update.
Note: Legally this group is the SAFEST one as their file reached to the
USCIS table on time while USCIS's first bulletin was in effect. Their
case is strong as far as "Law and Justice" is concerned.
2) The people whose applications reached on 07/02/07 but after USCIS's
declaration of new revision.
Note: This group can be fit in a category "Who did not receive ample
notice from USCIS for its intention to change the bulletin. And so
may be considered "Probable beneficiaries" by the judiciary
3) The people whose applications reached or will reach to USCIS from any
time between 12:00 AM 07/03/07 to 11:59 PM 07/31/07.
Note: This group will have a "Strongest" weak argument and case. Their
act of sending files perhaps may not be considered "Law-abiding" as
they have already received ample notice from USCIS and clear
statement of USCIS about "Rejecting applications upon receiving"
then also this group sent the applications.
4) The People who will not send applications at all with respect to the
USCIS's revision.
Note: In my oinion and mostly I believe in Judiciary's opinion thsi group will
be considered "Law-abiding" and who acted as per USCIS's
instruction within the periphery of respecting legal authority.
Now other points to be noted are as under:
-----------------------------------------
DOS and USCIS screwed up? Yes... Did not happen ever and now it happened , yes.. People suffered stress..expenses.. yes. Now what is stressed on is one time bulletin per month is a tradition and it is a long time tradition but probably DOS has a power to change that... It seems that there is no such law that DOS can not do that so there exactly Lawsuite filer may have a weak case. Now USCIS is supposed to follow DOS and make bulletin as per DOS's guideline and that is what USCIS did so where is the "Law-Breaking" ? USCIS acted perfectly in legal manner. Probably if Lawsuite filer decide to file the lawsuite on the basis of "Why the helll USCIS declared "All Current" at the first place" then there they have a chance to make a case strong but if they go another route like "Why USCIS revised the bulletin" then I personally do not see "much worth".
Now having said this, to me it looks like whether you file till in July or not OR whether you become plantiff or not, it should not matter. AILF and/or any other organization ethically and perhaps legally can not define "Class" narrowly to the limited group of people. If real justice is prevalent in this country judiciary should not allow any entity to define "Class" narrowly. To me "ALL affected" is the "Class" and if judiciary is considering it as a "class action" then it should consider "All affected" as a class. Now US justice system would go this way, I do not know but if it is not going that way then I would consider that as abig black loop hole in justice system itself. My guess is that if AILF would go defining "Class" narrowly, there will be some mechanism by which individually or with group you should be able to challenge that legally as well.
Now Judiciary, in my opinion may not take stand that ok this is a "Class lawsuite" and now Mr.X has become the plantiff so he would only be the beneficary if lawsuite is won. Either ALL affected should be considered for whatever the benefits come out or everybody looses it. Same argument goes for people who are not filing. By not filing they are obeying the legal instruction of government department of USA and for that they should not be punished and can not be punished by not granting any benefit to them whereas granting the benefits to the people who clearly challenged USCIS's revision by filing from 07/03 and onwards....
If USCIS is smart, it should accept all files now and create the process to have them rotted in the queue for years and that way it will be able to save its own face and limit on visa numbers will automatically send whole bunch of files for eating the dust for years.
I personally see our strong point only at have reimbursement of the money and time if "We are not getting current before one year (Validity of Medicals)
Any thoughts?
spouse485
01-14 02:19 PM
Guys, can you clarify my doubts. thanks in advance.
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
1. I have got H-1B valid from Oct 1st, 2007, but I have not started working yet. I am going to India next month and want to come back using AP (obtined thru my husband's GC process). Will there be any problem at port of entry?
2. What should I tell at POE about my H-1B visa? Do I need show any pay stubs or employment letter?
3. Is it better to revoke my h-1B before I go to India to avoid this confusion ? If so, how do I revoke H-1B
more...
ak_2006
04-22 05:25 PM
I donated $50 and became a donar. Will do more in coming months.
2010 Friendship Quotes #11
ebizash
10-15 02:04 PM
This is not 100% relevant to this thread but since we are discussing APs here, I thought I will ask the question.
Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.
Does anyone know for sure or have personal experience visitng the USVI?
Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.
Does anyone know for sure or have personal experience visitng the USVI?
more...
funny
09-26 04:31 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
hair Friendship is like
ianlock
07-23 03:22 PM
The recorded message at NVC says that on july 2nd they generated the fee bill and it was sent to my attorny. How long does it normally take to get the fee bill through. We are in the last week of jully now that 21days so far.
any ideas/expected time frames???
Im EB3 row
London
any ideas/expected time frames???
Im EB3 row
London
more...
chanduv23
07-08 02:31 PM
One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.
I am in same situation. As of yesterday, my previous employer would have revoked my 140.
I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.
Any ideas how to ensure that AC21 paperwork is getting into your file.
The answers I see on this forum is
(1) USCIS is overwhelmed with documents so mail can be trashed
(2) USCIS clerk does not know how to handle the paperwork
(3) USCIS certifying officer is not well educated about AC21
Any idea on how to ensure AC21 paperwork really goes into your file.
I am in same situation. As of yesterday, my previous employer would have revoked my 140.
I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.
Any ideas how to ensure that AC21 paperwork is getting into your file.
The answers I see on this forum is
(1) USCIS is overwhelmed with documents so mail can be trashed
(2) USCIS clerk does not know how to handle the paperwork
(3) USCIS certifying officer is not well educated about AC21
Any idea on how to ensure AC21 paperwork really goes into your file.
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garybanz
11-29 04:19 PM
You've got it.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production�either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
Do i need to fill out another 765 form for an interim EAD?
Thanks.
You do not have to copy the USCIS. Be nice and polite. Explain that you applied for EAD more than 90 days ago. Provide your I-765 receipt number.
Ask them to follow procedures in Aytes memo. Show the memo. Ask them to contact NSC where your I-765 is pending and alert them about your situation. (Contact NBC or Service Center to initiate EAD production�either Interim or Non-Interim). Ask them to provide Notice to you acknowledging status inquiry. If IO refuses to do that, ask to talk to the supervisor and repeat the above. It works. Basically, the federal regulations require them either to issue EAD in 90 days or issue interim EAD.
Do i need to fill out another 765 form for an interim EAD?
Thanks.
more...
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eb3retro
10-15 10:12 AM
Anyone? any updates on their pending AP renewal from Nebraska?
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snathan
03-10 10:35 AM
We all are working and in this economy everyone is worried about losing job if they don't go to work. I have two little kids and I work full time. I already used the vacation that I got for this year, it because of kids being sick one after the other and need to be off again next month for loss of pay for a kid's surgery. I know its just two more days and might result in something positive but I can't take a chance of losing my job and then don't have a job when it�s time for my 485 to be approved resulting in denial.
I will donate money but unfortunately, I can't come for the advocacy day. It is a sticky situation for many.
People who cannot attend personally...should contribute in other ways.
I will donate money but unfortunately, I can't come for the advocacy day. It is a sticky situation for many.
People who cannot attend personally...should contribute in other ways.
more...
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mpadapa
10-09 09:24 PM
Hope there are at least 50 people for the meet:D
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baladev
07-14 01:16 AM
<I know Robinder Personally for a long time.> :D :D hardly anyone knows you in this forum dude....stay cool in india
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ItIsNotFunny
11-06 12:22 PM
When I called TSC this morning, the automated voice gave the good news - our GC were finally approved on 11/4 after a 7 year wait. Online case update shows the approval, but 140 status still says received and pending.
Congratulations! How come it got approved when your dates are not current?
Congratulations! How come it got approved when your dates are not current?
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srinivasj
08-10 10:49 PM
I am taling abt the state depts official site
yup very dissapointed..
yup very dissapointed..
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number30
10-04 08:27 AM
Children can apply for OCI once they become 18 years. Until that time PIO has to be used unless one of the parents becomes a citizen meanwhile
kumar1
09-11 10:17 PM
I am on H1-B, Can I buy 2 underwears? It will cost me 3 dollars in WalMart. Please vote...it is really critical!
Macaca
08-12 11:09 AM
Statisitcs and Data on Green Card (http://immigrationvoice.org/forum/showthread.php?t=12255) raises following issues
Labor certification stats + AOS application stats + Name check stats + ...
Also, keep in mind that IV is working on a permanent solution for future GC applicants
Importance of employment based (EB) GC applicant grassroot lobbying
Anemic EB GC applicant response
Consequences of anemic EB GC applicant response
Labor certification stats + AOS application stats + Name check stats + ...
Also, keep in mind that IV is working on a permanent solution for future GC applicants
Importance of employment based (EB) GC applicant grassroot lobbying
Anemic EB GC applicant response
Consequences of anemic EB GC applicant response