immm
07-19 01:21 PM
Cases will be processed on RD only. However approval is based on PD.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
Due to heavy backlogs, it is automatically assured that the person with an older PD will get his GC first - even if he filed later.
Not necessarily. Here is a hypothetical scenario:
PersonA = PD of May 30th, 2003 and RD of June 15th, 2007.
Assume that an additional 150,000 I-485 applications were filed petween PersonA and PersonB
PersonB = PD of May 15, 2002 and RD of July 15th 2007.
USCIS starts pre-adjudicating cases based on Receipt date. Assume that by October 1, 2007, they have pre-adjudicated PersonA plus 9,000 of the 150,000 applications and haven't reached PersonB's application yet (they go by RD).
Assuming that the visa cutoff date in Oct, 2007 bulletin is June, 2003 making both PersonA and personB current:
PersonA (PD of 2003) will get a visa number and get the case approved while PersonB (PD of 2002) with an older priority date will have to wait a while because his case hasn't been touched by USCIS yet due to the additional 150,000 filings in between that have to be pre-adjudicated first based on RD even if they have 2004/2005/2006/2007 priority dates!!
.
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indianabacklog
07-28 10:32 PM
Age Out Issue for filing I-485: Gurus, please advise me on the age out issue of my son.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
(1) Dates & Calculations effecting filing I_485: Here are the dates and the calculations I did which result in effective age of �21 yrs + 1 month + 1 day� thus making it Age-out issue for filing for I-485 for my son.
(A) Priority date : Nov, 2005
(B) I-140 receipt : 2/22/2006 I-140 approval : 3/22/2006
(C) I-140 pending period : One month (too fast where it was not a help!)
(I-140 was approved in my son�s 20th year � however, I learned that it is not of any help for filing his I-485)
(D) Applied for I-485 (for rest of family � not for son) (Thanks to IV) : First week of July 2007
(E) DOB of son : 3/30/1986
(F) Currant age : 21 yrs + 4 months (Currently on F1 and doing his under grad in US)
(G) Date to be considered for determining the age for filing I-485 : 6/1/2007
(since the monthly bulletin is released on 6/12/2007)
(H) Age as on above date (6/1/2007) : 21 yrs + 2 month + 1 day
(I) Benefit from CSPA :(I-140) pending days (C) : 1 month
(J) Effective age for filing I-485 during current window : (H) � (J) : 21 yrs + 1 month + 1 day
(2) Since, he aged out for filing for I-485 (also based on attorney�s calculation), his papers were not included and only papers for rest of the family were filed in July, 2007. Friends, is there any other interpretation of CSPA � which could be helpful in this scenario?
(3) Other Particulars (which could potentially offer any other solution / advice): I am from India and in US from sep 1998 (change of employer forced me to restart my GC process) and my son entered USA in Oct 1999 at his 13 � yrs and stayed continuously & studied in USA from 9th standard. Currently, he is in final yr of under graduate study and is on F1 visa from March 2007 (after completing 21 yrs) paying high (2.5 times the instate fee) international student fee.
(4) Can I do any thing in the current window when dates are current (until 8/17/07): Friends, if there is any way of filing his I-485, it will be of great help � since he could continue his graduate study at reasonable cost (at instate tuition fee). Are there any other options in this situation? Is there any possibility of I-485 getting receipted (if filed) � since he is supposed to have his PD frozen for his application for family based I-485 at parent�s PD (if applied with in one year of parent�s I-485?) (I am referring to a clause in CSPA � which states that the application will automatically be converted to family based I-485 if applied with in one year � Of course, these dates are not current now).
(5) I am not aware of how many others are affected with age-out issue in EB based cases. Can we come together through IV and identify potential action items? Can IV and immigration community help in addressing the age-out issue in bills proposed to be introduced (like DREAM / SKILL etc�) now on� (Particularly since the percentage of affected people may be very low with less voice that could be heard). I am thankful to IV & the core team for their extraordinary efforts and shall be contributing my part shortly.
Sorry for the long note � I thought the complexity of the issue needs it.
Thx GCVir
I am sorry to hear about another child aging out. Those not affected can not imagine the anguish it causes. I also had to start my green card a second time because my first I140 application was denied. I have tried every which way to find a way round this issue. Constantly posting every time another person posts on this situation. IV to this point do not seem to be motivated to address this. While the parents on here will eventually get their green cards, these adult children lose their path. In reality these children are the real victims of labor backlogs and retrogression and it would be useful to use these instances to illustrate the misery that results from the backlogs and waiting periods. I am not down playing the plight of spouses who have to wait to be able to work, since my husband has been waiting (not always patiently) for eight years, so do understand this side of the problem as much as anyone else.
Please IV see this issue for what it is and that is a very real human issue that is destroying families. It could be used to everyone's advantage and highlight the human side of the broken employment based immigration system.
santb1975
05-24 01:44 PM
:confused:
2011 5 Piercing Sterile Needles
ItIsNotFunny
10-21 03:34 PM
Thank you for doing this.
Welcome. Anyways, someone can start with Z as I can only send to 5 people in one message.
Welcome. Anyways, someone can start with Z as I can only send to 5 people in one message.
more...
yabadaba
07-11 01:23 PM
And those who had applied in PERM in 2005, got their GCs already..
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
I know a few who applied in PERM as soon it was introduced and got their
GCs last year.
not completely true...if people had filed their i-140 and i-485 before retrogression in 2005 (that means perm was approved before september 2005), they got their gcs last year, people like me with priority dates in sept 2005 (due to the general incompetencies that we have all experienced) were able to file only in july 2007.
gk_2000
08-24 01:35 AM
GK, All I can say about your disconnected arguments are one thing. Myself and Nathan are talking about fairness about the system and on how corporates exploit the loophole thereby exploiting the hardworking individuals like you and me. We never here scolded and ranted about the program and as a matter of fact we are having issues with the so called "LoopHole" But your arguments are going in a completely different direction. You can re-read all of our posts again and see where we mentioned anything about ranting against the program.
If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.
And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?
And BTW FYI, I never worked for TCS.
There was no way for me to know, but my "guess" is close enough, dont you think?
And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives
And coming to a conclusion about someone who you do not know about is uncalled for...
If you really want, you can make sense of the "disconnected" arguments, as they all address various points of your counter-arguments.
And again, we are unable to get enough members to fight for visa recapture or i-485 filing and you want to go about closing loopholes?
And BTW FYI, I never worked for TCS.
There was no way for me to know, but my "guess" is close enough, dont you think?
And to let you know, I did my Masters in Soft Engg from BITS and Bachelors in Technology. When I say I got paid 65k for the kind of service I did to the company(5 yrs ago) , itself says a lot of things on how companies exploit which has no relation to the number of yrs of experience and qualifications.
To remind you, this platform is for what purpose? This argument is tangential, as is the loophole one. We want to focus on what? I will let the below argument pass, after saying this much. But yes, I do emphasize with you on what happened. But I also have my share of tragedies
All that matters for those companies is whether client is made happy or not, irrespective of what you undergo. FYI I worked company starting with W (top 3 IT companies in India at that time) .
Let me explain you how this works.....Exactly as to how it happened in my case.
First you are given ransom salary offer say 30-40% more that what you might be earning and an immediate on-site offer within 12 months of joining the company. You feel pretty happy with all of those initially.
Later they send you onsite as promised on L1 by making you wait for 1 yr, (even when they can sponsor you H1) so person would be eligible on L1. Things will look good until now.
While sending you to onsite, no one will let you know what kind of salary you would be paid. Things will start to get interesting from the moment you land in US.
You are paid just a week of hotel stay(extended stay) and 1 week car rental(only if you have valid DL). You have to beg / borrow for a ride or take public commute if available.
After 2 days of settling you will be given a salary letter stating that your salary is 50k with a bonus of 5k.
This is the catch. The companies feel that sending a guy on site itself is a big deal. Logically you think that person earning more at offshore than the other person will also get paid more. Its not the case, everyone at onsite are paid the same, irrespective of what their salary is are offshore(only 2 salary ranges exist).And there is no offshore component, and the pathetic thing about it is, you are paid basic salary at offshore deducting from your onsite salary.
Also, just so you know, and onsite person playing a manager role is just an additional responsibility and not a dedicated role. So this is on top of your regular technical role.
And now comes your GC step. After you spend 5 yrs onsite, since you have to leave back after 6 yrs, the company will file in EB1-A and thereby getting your GC. After you get your GC, you are already out of touch from the rest of the world except from your daily offshore/onsite issues and so on and you would not be able to know as to what exactly you can do with your GC. All that happens is you will not be fit to work anywhere except the place you were working at. This has happened to many of my colleagues. I was lucky enough to get out of that chaos after my 1 yr at onsite. All I can say is I'm very much happy now with GC filed in EB2 and making much more that what I used to ...
BTW your comment on someone working for $1 or 30k is for their own noble cause and you cannot expect everyone to have that.
So can you force everyone to take higher pay? It's a matter between private persons, isn't it? I guess it is a bigger deal for small guys, as the labor market comes into play. No sense applying it to executives
And coming to a conclusion about someone who you do not know about is uncalled for...
more...
Ramba
09-05 06:32 PM
The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)
Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.
Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.
Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)
Now You can do the math. Commercial land is even more expensive in india.
The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.
Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?
Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.
There is no doubt about NRIs are the prime reason for the real estate boom in India. It is tottally unbelivable that 2 bedroom flat in a normal second class town has gone to up to 40 lakes. Decent independent houses are in terms of crores in small cites. Two factors. One is foreign money and second in black money from local dadas/politicians. Also demand vs supply. The availble land is small and demand for that land is too high due to these two gropus.
I visited one of my NRI friends house in India, where he is not going to live as he is a US citizen. His parents already won two houses and they bought another house as a investment. This house in a recent development area in a small town where there is no high tech employment is avialable; In my feeling it may not worth 5 lakes; they were selling at 45 lakes. Even if anyone ready to pay 45 lakes there is no unit is avialable; everything was sold to NRIs. No resident won the houses in that area. All the dads and mos are baby sitting the houses. Renting alos not that easy. It is tottally unbelivable. I wonder why all the NRIs buying house in India and increisng the house price? The guys working here (or any part of the world) and not going to live in India, why government should allow to buy the house and increse the price? Everyone tries to do real estate bussiness there. That is the main reason for price increase.
2010 5 Piercing Sterile Needles
belmontboy
09-07 07:50 PM
Came in Aug 1997...
Been on H1b since then...
No EAD.
Stuck in this process... seems forever now ....
PD of Jun 02 in EB3...
why didn't u file 485 in july 2007?
Been on H1b since then...
No EAD.
Stuck in this process... seems forever now ....
PD of Jun 02 in EB3...
why didn't u file 485 in july 2007?
more...
grupak
08-17 09:52 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
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kshitijnt
02-09 09:18 PM
In months of June, Jul and Aug , many EADs & APs are up for renewal due to July07 fiasco. So by moving dates forward, USCIS can cash in lot of reveue as it has to issue only 1 yr EAD in that case. If the dates are not current, they will have to issue 2 yr EAD and although they dont mean to approve many cases, I tend to think they will keep moving dates forward.
more...
pani_6
07-24 07:40 PM
EB-3 I wake up and send the letter out..we need to make relevant authorities aware of our situation. Uncertanity and doom stares us come on EB-3 I lets see some action!
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vallabhu
01-05 09:40 AM
My cousin filed her application in May 2003 from vermont, the case was shipped to Phil and se got her approval in September 2005.
I guess they are curently processed November 03'
I guess they are curently processed November 03'
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pa_arora
06-10 01:33 PM
That is the victory due to our admin fixes campaign. Your thousands of letters are working here.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.
We had received good feedback in our meetings with the administration.
The whole process of making final announcements is just too slow!!
We recently had another meeting to discuss one more admin fix item that has not been addressed yet and was part of our letters. Let us hope some decision comes out soon enough.
Pappu, then why no to plan for another letter campaign, if that is what making things work a little bit.
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spicy_guy
09-02 01:00 AM
I'm only posting a response cause my response is sad and funny at same time. No one's beat me yet???
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Oh Man! You should be in your 40s now....And you are still waiting for GC. You must be knowing this. You will have to wait for 15+ years more for your DMAN GC!! By that you may have been retired.
Came in Dec 1990
Been on various visas including F1 (grad and undergrad) and H1.
Didn't get to file GC till 2007 unfortunately...
Oh Man! You should be in your 40s now....And you are still waiting for GC. You must be knowing this. You will have to wait for 15+ years more for your DMAN GC!! By that you may have been retired.
more...
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prem_goel
08-04 05:36 PM
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
I tend to disagree with that. You are partly right that H1B cost should be borne by the employer. There are DOL regulations for that you can easily find on the web.
For GC, you are partly right in the sense that only the first stage - Labor Certification should be completely borne by the employer. DOL released the regulation last year w.e.f. July 16 2007. The second and third stage however, I-140 and I-485, are of no concern. That is, there is no law which says that Employer should borne the cost for that. Even in reputed companies, the employees pay the cost for I-140/485.
Thanks.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
I tend to disagree with that. You are partly right that H1B cost should be borne by the employer. There are DOL regulations for that you can easily find on the web.
For GC, you are partly right in the sense that only the first stage - Labor Certification should be completely borne by the employer. DOL released the regulation last year w.e.f. July 16 2007. The second and third stage however, I-140 and I-485, are of no concern. That is, there is no law which says that Employer should borne the cost for that. Even in reputed companies, the employees pay the cost for I-140/485.
Thanks.
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wandmaker
06-18 08:25 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
more...
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druminator
04-30 04:53 PM
am I the only one who noticed that they admitted that although FIFO is a nice idea, it's impractical (for them) and that it's NOT how they do it (but it's written all over their literature) ?
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
what I got from it is: they are overwhelmed, they have not real idea of what is going on in the offices and how much it cost for the agency and the country to push people out.
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chisinau
07-30 01:13 AM
Sens. Schumer and Hutchison have offered the Bridge amendment. The amendment has been withdrawn but that doesn't necessarily mean that it is permanently withdrawn. According to www.shusterman.com It has a chanse to pass in September, just after the summer recess.
I believe all our efforts should be concentraited on this legislation!
Core Team, we badly need your advise, how can we help, what should we do in order to lobby this ammendment? It might be difficult because the majority of Schedule A professionals are still outside the US..... There in US we have only our lawers, who seems to me are not willing or can help us.
I believe all our efforts should be concentraited on this legislation!
Core Team, we badly need your advise, how can we help, what should we do in order to lobby this ammendment? It might be difficult because the majority of Schedule A professionals are still outside the US..... There in US we have only our lawers, who seems to me are not willing or can help us.
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ashutrip
06-21 09:55 AM
anybody here who got his labor certified from Atlanta off late
anybody ....any news of backlog getting cleared
anybody ....any news of backlog getting cleared
jcrajput
09-11 03:49 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
Can anyone help me here please?
Thanks
gjoe
10-03 04:47 PM
We have to first fight to get all visa number allocated. How?
1) Assign visa numbers to all I485 cases based on PD at the begining of each year
2) After assigning the visa number they can do the rest of the processing
3) If application is denied they can transfer the visa number to the next application in queue as per the PD
I think this is a good start and fair system which would slove some of the problem we have today.
We can work on getting the backlog eliminated seperately because this issue is going to take lot of efforts, money and politics.
1) Assign visa numbers to all I485 cases based on PD at the begining of each year
2) After assigning the visa number they can do the rest of the processing
3) If application is denied they can transfer the visa number to the next application in queue as per the PD
I think this is a good start and fair system which would slove some of the problem we have today.
We can work on getting the backlog eliminated seperately because this issue is going to take lot of efforts, money and politics.
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