vbkris77
09-24 09:08 AM
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
It is legal per INA to do that.. So your letters and your friends letters are just gutted in the trash right away.. :p
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Abhishika
11-21 07:08 AM
Sorry to hear this.
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
I think if there is a genuine reason , may be the 485 can be expedited.
1 Could you call up the IO and ask them what to do ?
2 Meanwhile check wiith ur lawyer.
I feel its better for ur wife to go back to the home country ..
May be u too can go now itself and have a good time for the next 6 months.
Abhi
gc2
09-29 05:28 PM
here's what i found browsing the net. hope this helps. not sure if a newer memo has been released
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
2011 Lauren Conrad
PDOCT05
10-11 09:31 AM
I got some good news. I called uscis just now and got two receipt numbers, one for 485 and one for EAD. Checks not cashed yet. I don't have the receipt number for AP yet. So it seems that our box is not lost and they're processing them, though so slowly. My application arrived on 7/3 at NSC, received by R. William at 9:03am.
Hope every one of us will receive our receipts, EAD and AP asap.
Congrats ...i think July 3rd filers count down started...please update list.
Hope every one of us will receive our receipts, EAD and AP asap.
Congrats ...i think July 3rd filers count down started...please update list.
more...
gc28262
06-28 01:02 PM
Java Developer with Websphere (U.S. Citizen and Green Card Holder) jobs - Dice.com (http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/8/1/81e683aef75162fdf78440e5f0d831c5@endecaindex&source=19&FREE_TEXT=Citizen&rating=99)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
Title: Java Developer with Websphere (U.S. Citizen and Green Card Holder)
Skills: Java Developer with Websphere
Date: 6-8-2009
Description: **********U.S. Citizen and Green Card Holder Only*********
Interview Process: In-person interview after telephonic round.
Bachelor*s degree in Computer Science, Information Systems or related major (preferred)
- 7+ years of enterprise-level programming with multiple technology platforms with a concentrated focus on Websphere Portal (v6 and above) and Java development (required)
- Experience working with projects of moderate to high complexity (required)
- Strong understanding of Portlet technologies and practical hands-on experience developing and delivering JSR 168 Portlet solutions. (required)
- Understanding of emerging standards such as JSR286 (preferred)
- Ability to customize WebSphere portal themes and skins (strongly preferred)
- Exposure to AJAX development (preferred)
- Proficiency in Native Java, J2EE, JDBC, JSP, Multiple browser development (IE 6/7, Firefox) (required)
- Experience in web development technologies including Javascript, HTML, XML, XSLT, CSS (required)
- Experience deploying portal applications using XMLAccess (required)
- Working knowledge of web content management concepts (required)
- Working knowledge of workflow concepts (required)
- Troubleshooting skills * ability to resolve technical issues through research, debugging and investigation as well as the ability to multitask, prioritize, show initiative and respond quickly in a fast paced environment (required)
- Sun Java Certification (preferred)
- Exposure to Logging code, Log4J, Ant Scripts, JUnit (preferred)
- Knowledge of Eclipse, RAD or other IDE*s (preferred)
- Microsoft SQL Server (Versions 2000 & 2005) development, including SQL Server Integration Services, and administration (required)
- Deploy and manage application on WebSphere/HTTP Server (strongly preferred)
- Experience with Lotus Notes, as well as developing and integrating Lotus Connections (to include the configuration of Connections Portlets on a page) within a Portal application (strongly preferred)
- Proven ability and willingness to learn new open source middleware technologies
- Graphic design skills and knowledge of tools such as Adobe Photoshop (preferred)
- Experience with Adobe ColdFusion (Version 8)(strongly preferred)
- Demonstrated ability to work independently on assignments (required)
- Occasional overnight travel (required)
- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
GTRAS Inc. is Equal Employer Opportunity Company
Email resume at stephen@gtras.com
Stephen Smith
Gtras, Inc
Phone: (703) 342-4282 ext: 113
Web: http://www.gtras.com (http://www.gtras.com/)
obviously
04-21 06:26 AM
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).
Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.
If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!
Sabre rattling might get you out of this one, but the world still remains a small place!
more...
gc28262
03-06 05:22 PM
Section 202 of the Immigration and Nationality Act (INA) states that the per-country limit for preference immigrants is set at 7% of the total annual employment-based preference limits. This means a country with large population like India and a tiny country like Lichtenstein get same number of visa numbers. This system is designed to systematically discriminate people from India and China by preventing them from attaining employment visas. More research needs to be done whether this constitutes a violation of US Equal Employment Opportunity Law. We need to find out whether this constitutes discrimination by national origin. Below is is some relevant reading material:
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
http://www.eeoc.gov/policy/docs/national-origin.html#IIA
This link says employer cannot discriminate based on country of origin.
USCIS/government is free to discriminate against country of origin.
2010 In the article, Lauren states
smisachu
12-01 12:07 AM
Mehul- Very sorry to hear your situation. All our prayers and wishes are with you.
I am pretty sure you have investigated all options, but don't give up hope and most of all don't get beaten down. Keep the sprits up. A happy heart and mind can cure what medicines cannot.
When the going gets tough- the tough gets going.
Enjoy with your family. Do what is right by them. Wish you happyness & health.
GOD BLESS.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
I am pretty sure you have investigated all options, but don't give up hope and most of all don't get beaten down. Keep the sprits up. A happy heart and mind can cure what medicines cannot.
When the going gets tough- the tough gets going.
Enjoy with your family. Do what is right by them. Wish you happyness & health.
GOD BLESS.
Thank you all for your help and support but I have made peace with my fate. I have pancreas cancer with VERY poor pragnosis and trust me I took 5 different opinions with the some of the best hospitals in US and Europe.
Regarding my family, something is working out in Sweden and probably all of us will move there permanently in 1-2 months. We have some relatives living there.
Thanks again for all you help. You guys really made us feel we are not alone.
Good luck and Good Bye.
Mehul
more...
BECsufferer
05-09 07:46 PM
I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
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kysrek
06-14 03:40 PM
It was applied to Nebraska. But I guess it was forwarded.
more...
mirage
03-06 04:31 PM
And worst is the lottery...What pisses me off is that there are 220,000 visa numbers every year for family based GCs while skilled immigrants get only 140,000. Nothing wrong with immigrants wanting to bring immediate family members but this is causing nothing but chain migration. I think USA give more GCs to cab drivers than skilled immigrants.
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KRock
07-11 10:54 AM
I'm a producer for Al Jazeera International in D.C. and I'd like to get in touch with someone about this story for our network. It would be nice to talk with you this morning (Wednesday 7/11) I can be reached at 202-496-4519 or 202-651-1613. Thank you for your time,
Kelly Rockwell
Kelly Rockwell
more...
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doshhar
07-08 07:54 PM
Can we have this event scheduled for major cities in other parts of US? What day are we looking for this rally? (14th July??)
I can gather 100+ people from Chicago..
I can gather 100+ people from Chicago..
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cal97
11-06 03:38 PM
I had taken an infopass appointment after filing an SR. All the IO said was I should call NSC. I don't think the IO's at the local USCIS office can issue FP notices.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
Shall try again sometime this week or next and update the same here. I am a NSC->CSC->NSC transferee.
Hi
What did the infopass appointment tell you? Were the officers knew what they were talking about?
Thanks.
more...
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aniraj
02-03 03:37 PM
All the best to you. You must have thought & compared all the limitations.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
In my opinion the issues, advantages & disadvantages change from country to country. It depends on a person how S/He applies those yardsticks during & to particular circumstances. One thing I can not agree more about is the opportunities in education available in US compared to India. I know people will be all over me after saying this but inspite of cost being the factor (which unfortunately is also a factor in case of some good institutions in India now) the avenues available to young generation in US irrespective of their cast/religion/race & financial ability is comparitively greater in US.
More importantly most of us will be able to adjust to changes relatively quickly but if we have kids who are raised in this system & are at high school level it will be really challanging for them to enter the system in India.
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Chris Rock
08-09 09:41 AM
I agree with you 100%.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
If you or any one else is planning to move forward with some plans for helping EB3 folks, expect some serious opposition to your efforts. Many EB3 folks themselves do not see any need for EB3 only actions.
A bunch of us talked to a lawyer regarding the INA and the initial reaction was not very encouraging. The lawyer was suggesting us to convert to EB2.
Hilarious.... Hilarious.....
1) EB2 with PD like 2007 and 2008 will certainly oppose. It is understandable. But why many EB3 folks themselves oppose it? Because they are with "looser mentality". EB3 folks, listen! No body cares about you. Then why do you care about other categories. Don't be a looser. Take care of your problem first.
2) The lawyer was suggesting us to convert to EB2. You bet. Dont you know why?
Most of the EB2 got their GC. The only loosers are EB3. With IV's reach it can easily help EB3. I told this many times before. But IV core is saying it will be very hard to even do a simplest releif measure. I simply do not understand. I hope and pray IV core will listen this time.
more...
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royus77
05-23 11:13 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
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asdcrajnet
02-02 10:16 AM
All the best asdcrajnet.. Both countries are equally good, we have lived in both.. so we know how to adjust..
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
My son Has the PIO card. The rule is we have to register with "Foreigner Registration Office" if he stays for more than 6 months. So I got to do that only once. I think there is some procedure when he turns 18. My son will be studying in a Private school. The fees are the same.
We got to be a Roman in Rome. If we have to bribe a little to get things done, I will do it. I am not there to change India. But I would really try to implement something what I learnt in US. I would never throw garbage in the streets(Preach others not to do it). Be kind to all people.
I lived in India for 23 years and in US for 11 years. I am used to both systems. I love the freedom of expression in US. Other than that I like the Parks and Nature in US. In India it is only reserved for the rich. Other than that both are fine with me. One big advantage in India is the extended family. I love lot of people.
I personally believe I can do more philanthropic deeds in India, because in US I have no time and it is hard for me to learn the system and help someone. Somehow. I cannot connect with the people over here(Its just me). All I do here is if something catastrophic happens, I go to Red cross website and donate some. I don't get the satisfaction in just donating the money. I will be happy if I could participate in changing the lives of a few.
Few points that you may need to find out before you go..
1) Apply for POI for your kid, you may have already done it. There is a restriction that you need to visit nearby police station every 180 days if your son is in India (because he is a US citizen), try to find out more about that and see what you can do to avoid it (may be get a India visa as opposed to a POI)
If you go to a police station, 100% guarantee they will ask for a bribe or make things difficult for us.
2) The school fees for non-Indian citizens is very high, because your son falls under NRI category, try to find out about it, and if possible share with us too.
Everything is good back home but there are few issues which I see are a problem,
1) Nothing moves ahead without bribery, if we need our stuff to move up the queue, say if it is land registration or getting approval for something - it will not move with bribery and any govt office related work we need to wait a lot and service is bad, unlike here in US there is no bribing and things are so streamlined and good. We can talk about ethics and moral values and not give bribe but then our need will never get fulfilled for years if we decide to go as per queue.
2) If you are in IT, the work hours are horrible, most of IT companies are outside city limits, we will end up going early in the morning and return late night (because hey we need to talk to onsite guys). If an employee leaves at 5:30 or 6 PM it means there he is not working - not sure when this culture would change there. Again most of them work on saturdays, so only sunday is a holiday, here in US i can leave work at 5 PM or 5:30 and come home and spend time with family.
3) Commute is very tough back home - too much traffic than what the roads can handle, there is traffic in US too but it is decent traffic, everyone follows rules and lane sense is there. Back home it is really horrible.
For your PD you have waited for a long time, I would suggest you wait for 1-2 more years and give it a try. We can always go back to India no one is going to stop us, but the return is not very easy. Nowadays h1b approvals and stamping has become a nightmare.
All the best in whatever decision you make. Everything is for good :)
My son Has the PIO card. The rule is we have to register with "Foreigner Registration Office" if he stays for more than 6 months. So I got to do that only once. I think there is some procedure when he turns 18. My son will be studying in a Private school. The fees are the same.
We got to be a Roman in Rome. If we have to bribe a little to get things done, I will do it. I am not there to change India. But I would really try to implement something what I learnt in US. I would never throw garbage in the streets(Preach others not to do it). Be kind to all people.
I lived in India for 23 years and in US for 11 years. I am used to both systems. I love the freedom of expression in US. Other than that I like the Parks and Nature in US. In India it is only reserved for the rich. Other than that both are fine with me. One big advantage in India is the extended family. I love lot of people.
I personally believe I can do more philanthropic deeds in India, because in US I have no time and it is hard for me to learn the system and help someone. Somehow. I cannot connect with the people over here(Its just me). All I do here is if something catastrophic happens, I go to Red cross website and donate some. I don't get the satisfaction in just donating the money. I will be happy if I could participate in changing the lives of a few.
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priti8888
10-08 08:34 PM
First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
There are a lot of misconceptions about AoS. Let me write it here.
1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.
2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.
3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.
4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.
So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.
Well said !
senthil1
12-14 06:52 PM
I myself will not support for skill Bill in current form. Too much H1b numbers will not only create a problem for US citizens it will also for current H1bs as well future H1bs. That 20% automatic adjustment and exemption for Cap for MS persons will increase supply and it will be tough to find a job if too many people are in the market. There are abundant jobs in India. Let people wait in India for 1 or 2 years to come here. Sustained immigration without increasing unemployment is better for US as well as potential immigrants. Otherwise Hate will increase. It may be easy to talk Capitalism and fittest will survive. When those people talking will be unemployed for more than 6 months with kids in the family will realise the truth. In the Forum most of the people are young and they did not face any issue other than Green card.
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
But speed with which Corporations and Lawyers are working the Skill bill be passed in current form soon. We will wait and see after 3 years after increasing H1B. My prediction is Limited increase in H1 with Moderate increase in GC numbers will solve the problem for all the gc waiting people without big reaction from anti immigrants and that will boost sustained immigration.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
dpp
07-28 11:51 AM
This argument applies to EB3 and EB1 also. Also, we already crossed that line of proving that no other qualified is available. Even EB3 does the same. So, you are asking to audit everybody?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
You agree it or not, from USCIS/Congress point of view,
Order of preference is, EB1 -> EB2 -> EB3.
If you are eligible for EB1/EB2, go for it. Nobody is stopping you.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
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