GC_Fever
06-27 09:31 PM
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
I never imagined that the journey to GC would be such hard, and I have to give my whole life following these notices and EADs and what not. USCIS cannot approve my GC for years and years but now abrubptly they approved my EAD in less than 15 days, when I was expecting to get 2 years extension. My EAD app. was sent out on june 9th and my lawyer told me that they saw approval from yesterday 6/26 (wow 16 days including shipping!!!). USCIS always has hidden agenda, and everybody can tell that it is just money, which leads to such decisions. No body would forget last years july fiasco when they hushed up GC visa numbers for rendering people not to apply before fee hike. The present EAD issues everyone is reporting here is another fiasco. I wonder if there would be barrage of lawsuits for EAD fiasco as we saw last year for july fiasco. Now I understand why USCIS gave themselves time till 30th june, otherwise why wouldn't they make 2 year EADs effective right from the day of announcement in early week of june. Smart move!
Oh well this is what we have to face till we get that "Gone Card"! Day by day my patience is losing. Is it worth all this trouble?
I never imagined that the journey to GC would be such hard, and I have to give my whole life following these notices and EADs and what not. USCIS cannot approve my GC for years and years but now abrubptly they approved my EAD in less than 15 days, when I was expecting to get 2 years extension. My EAD app. was sent out on june 9th and my lawyer told me that they saw approval from yesterday 6/26 (wow 16 days including shipping!!!). USCIS always has hidden agenda, and everybody can tell that it is just money, which leads to such decisions. No body would forget last years july fiasco when they hushed up GC visa numbers for rendering people not to apply before fee hike. The present EAD issues everyone is reporting here is another fiasco. I wonder if there would be barrage of lawsuits for EAD fiasco as we saw last year for july fiasco. Now I understand why USCIS gave themselves time till 30th june, otherwise why wouldn't they make 2 year EADs effective right from the day of announcement in early week of june. Smart move!
Oh well this is what we have to face till we get that "Gone Card"! Day by day my patience is losing. Is it worth all this trouble?
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krishmunn
05-21 09:56 AM
Sorry I will be out of country on those dates but here is my support for this --
$100
Receipt ID: 0024-6091-9262-6521
$100
Receipt ID: 0024-6091-9262-6521
pd_recapturing
06-21 12:18 AM
I have applied AP two times so far. I have always got my AP started date is same as expired date of previous one so in a nut shell, I dint loose a single day. I have always sent a cover letter explaining the different dates so that might have been the key.
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aquarianf
07-27 12:22 PM
Hey, thanks for the support. Please talk to anyone who know has been affected personally. Please spread the word. I with few other people will talk to a lawyer soon on this to get things initiated.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
Did you talk to IV core about this issue? What is there position on this issue? Have they raised this issued when they lobby/meet conngressman/congresswomwn/senators regarding other agendas. If not may be you can your help to raise this issue when they meet with lawmakers.
But we will need enough support to gather a critical mass and start things rolling in the right track.
So can we have a online form where everyone affected can sign in? How do we do that?
Did you talk to IV core about this issue? What is there position on this issue? Have they raised this issued when they lobby/meet conngressman/congresswomwn/senators regarding other agendas. If not may be you can your help to raise this issue when they meet with lawmakers.
more...
new_horizon
05-20 06:36 AM
thanks Raj...I am the one you spoke to on the phone from westland.
Thank you so much guys for your hardwork . I wont be able to make it But just sent a cheque of 250 to local members who are coming to D.C . Thanks again guys
Thank you so much guys for your hardwork . I wont be able to make it But just sent a cheque of 250 to local members who are coming to D.C . Thanks again guys
chanduv23
02-28 04:38 PM
I went through layoff and got the same response from my lawyer. The day you are not working, you are technically out of status. But I found a job in few weeks the gap between the h1b transfer is May 26th to July 1st. It was technically more than a month.
But these are done on a case to case basis, at times based on your good standing, and skills.
So though I was given 2 weeks pay in lieu of notice (as I was fired without notice), all my accrued vacation (2 weeeks) and 2 months of severance pay, lawyer told me I cannot count that as period of extended pay after layoff. So, I definitely walked a tight rope here.
But these are done on a case to case basis, at times based on your good standing, and skills.
So though I was given 2 weeks pay in lieu of notice (as I was fired without notice), all my accrued vacation (2 weeeks) and 2 months of severance pay, lawyer told me I cannot count that as period of extended pay after layoff. So, I definitely walked a tight rope here.
more...
widad2020
07-14 11:12 AM
not necessarily.Level III can also be EB2.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
http://www.hooyou.com/news/news080406perm.html
Current Developments on Prevailing Wage Determination
Along with the implementation of the PERM system, there were changes made to the Prevailing Wage Determination (PWD) process. The new PWD has a four level hierarchy where the first level is the lowest level. The prevailing wage is the minimum wage required that the employer must meet as determined by the State Wage Determination officials. The prevailing wage varies from state to state, as different State Workforce Agencies may determine the prevailing wage differently. After the adoption of the 4 level prevailing wage hierarchy, people have been worried that occupations requiring a master�s degree might be put in the highest level of the hierarchy. In our practice of cases for positions requiring a master�s degree, with an experience requirement of 2 years the PWD level has usually been set at the second level. Only for those senior positions specified by the job description or other management positions will the PW be bumped to the third or fourth level. As a result, as long as there is an experienced attorney who can make an effective design, the prevailing wage may be kept within a certain range.
If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.
Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.
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Jaime
09-13 12:26 AM
Do this for yourself! Do this for America!!! Come to DC!!!!
more...
GCwaitforever
06-12 11:02 PM
These idiots forget that passengers are paying the airport landing fees and refuleing charges etc. Those who forget customers end up loosing business. We flew by Emirates last tlme directly to Dubai. It was excellent, took less time compared to landing in Europe.
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chmur
07-18 06:46 PM
If that could happen i would say sort it by PD irrespective of EB1/EB2/EB3 or country of birth. Juistice for all !
Normalization among EB categories can indeed happen today under current laws for some of the candidates . Unfortunately, the normalization across country of birth cannot happen under the given laws(don't know if Divorce+marriage can help).
I am all for normalization across countries ...till that is possible let's use the opportunity for normalization among EB categories .
Contrary to your earlier post , it will NOT lead to herding
Normalization among EB categories can indeed happen today under current laws for some of the candidates . Unfortunately, the normalization across country of birth cannot happen under the given laws(don't know if Divorce+marriage can help).
I am all for normalization across countries ...till that is possible let's use the opportunity for normalization among EB categories .
Contrary to your earlier post , it will NOT lead to herding
more...
pappu
03-05 09:05 AM
If you guys read the letter a bit carefully, it says they do not have information about the country of chargeability and they cannot share it with us. For $5K all we can get is a breakdown of how many apps are there in each category and then it will be a guessing game of how many are pending for applicants from India/China/ROW etc. Just something to keep in mind.
Can others analyze the letter too so that we can get the info we need rather than generic info.
Can others analyze the letter too so that we can get the info we need rather than generic info.
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raju123
07-03 03:31 PM
Don't waste time by calling National Call service center. They all are dumb !! They don't know anything. They just read the on line status of our case, which 8 year kid can do.
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
more...
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p_kumar
07-22 10:52 PM
Hi,
Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?
Can I claim this amount next year when I file my taxes?
Thanks.
You can file an amendment with the ssn information. If you are not sure how, just talk to any cpa.
Sorry for late jumping on this old topic. But, applied for SSN for my wife and got it in mail. Now what? My taxes for last year were applied in feb this year. How can I tell IRS that my wife got SSN now and she is eligible for Stimulus package?
Can I claim this amount next year when I file my taxes?
Thanks.
You can file an amendment with the ssn information. If you are not sure how, just talk to any cpa.
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walking_dude
10-04 03:05 PM
I'm sure he'll join. There are a few more DC rally veterans like newhorizon and Iv2007 (I guess). Guys, where art thou?
Are you the same Anil I met outside the Washington Monument with a chinese lady? I guess you are as you told us about your Gandhi signature then.
He was handling MI chapter.
Are you the same Anil I met outside the Washington Monument with a chinese lady? I guess you are as you told us about your Gandhi signature then.
He was handling MI chapter.
more...
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coopheal
03-13 05:09 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
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knnmbd
07-07 01:19 PM
By exempt, you mean exempt from the cap, right? Does this mean that you still need an employer to sponsor you even if you have an advanced degree? Or can you self-petition as in the CIR?
Exempt from Cap only.No self-petition benefit(yet)
Exempt from Cap only.No self-petition benefit(yet)
more...
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mundada
01-12 04:53 PM
Here is the history of derivative acts under 14th amendment related to employement:
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
=====
Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
14th Amendment of the United States Constitution: guarantees due process and equal protection under the laws.
The Civil Rights Act of 1866, Section 1981: covers race-based discrimination by employers. Individuals may sue to assert their rights under this Act; which, unlike Title VII, has no limitation on back-pay liability.
The Civil rights Act of 1871, Section 1983: provides persons who believe they have been deprived of rights, privileges or immunities secured by the Constitution and laws to redress and holds those responsible for the deprivation liable to the person injured.
Equal Pay Act of 1963: forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative, professional employees and outside sales people. Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Title VII of the 1964 Civil Rights Act: bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment; and, it holds employers responsible for any discrimination that goes on within the employer's organization. Title VII is administered by the EEOC and covers employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA): bans employment discrimination because of age against anyone 40 years of age and older, (also know as ADEA). Investigation and compliance responsibilities were transferred from the Labor Department to the EEOC on July 1, 1979.
Executive Order 11246: requires Federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $110.000 and all construction projects financed, even in part, with Federal funds. Revised Order No. 4 requires a written affirmative action program from contractors with 50 or more employees and contracts of $50,000 or more. This order is enforced by the U.S. Department of Labor.
Rehabilitation Act of 1973: Section 503 requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the Act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. Section 504 covers the employment practices of all recipients of Federal financial assistance, a broad spectrum of agencies and institutions from private employers operating under a Federal grant, to public schools, colleges and universities. Both Sections 503 and 504 are enforced by the OFCCP.
Pregnancy Discrimination Act: amends Title VII and states that employment discrimination based on pregnancy, childbirth, and related medical conditions is prohibited under Title VII. According to EEOC, the amendment, which affects those employers under the jurisdiction of Title VII, requires that "persons affected by pregnancy, childbirth, and related medical conditions be treated the same as persons affected by other temporary disabilities."
South Carolina Human Affairs Law: prohibits discrimination based on race, religion, color, age, sex, disability and national origin.
Americans With Disabilities Act of 1990 (ADA): gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunication. ADA is enforced by EEOC.
1991 Civl Rights Act of 1991: allows employees to seek compensatory and punitive damages and for trial-by-jury. (this amends Title VII.)
=====
Now the way I interpret it, the requirement to not discriminate based on place of birth is protected by constitution under 14th amendment.
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the proposition that "all men are created equal" by empowering the judiciary to enforce that principle against the states.
Furthermore, the precedent rulings related to The Civil Rights Act of 1964 indicate how strictly this is interpreted and enforced. For example, in 1974, the Supreme Court ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.
I therefore believe there is a good chance at the Supreme Court ruling that because of long wait times of more than 3 years for a Green Card plus requirement of same or similar job during that long wait until the green card is received plus country quota affecting people born only in few countries leads to disadvantage for people of these few countries at work.
And yes, even I took law course and gave a seminar during my MBA. But even you would concur that this course at best is basic and does not make a person authority of the US legal system.
Finally, forget me or you, even a lawyer cannot say for sure what the final ruling will be in any case. And hence the best a person can do is give an educated opinion. In addition by human nature, the way I would interpret laws would be to my advantage while the way you would interpret them would be to your advantage. And hence I can understand your biases (and mine as well) because in case the country quota is found illegal by the US Supreme Court, it is the ROW that is going to be affected the most.
Don't want to pick on anyone one or anything.. just case-in-point to what I posted earlier.. here we have intense legal debates, and legal opinions with people who can not distinguish between Title VII and EEO which are legislative laws and between the constitution. These laws are not part of the constitution and they include provisions for federal and local governments and their agencies to override parts of rules if they deem necessary.
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kumar1
08-07 04:14 PM
Option 4- Stay in H1-B status for 9+ years and you will become a religious person automatically.. after 9 years you will reach a level where no country, no citizenship, no relationship would matter....only MURTHY JI would matter.
It is my own experience.
You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
It is my own experience.
You stand a better chance of getting it through your kids if they are citizens than getting it through EB3. There are a few options to get green card faster. Canada is not one of them.
1. Get a Ph.D, get a job in a univ and apply in EB-1.
2. Get a MBA and get a management job and apply in EB-1.
3. Become a religious worker in some temple and apply in the religious worker category.
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asathuluri
07-16 05:10 PM
I had FREE company attorney but decided to file 485 etc. myself & it was so much better. You can easily do 140-485 etc yourself. Call me & I will tell you.
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
I am tired of my company lawyers. They did not file my 485 when my PD became current in June bulletin. I gave all the documents required. I missed an opportunity big time. Even now they are not responding when i ask them when will they file my application. After reading the msgs posted in this forum i am confident that i can do 485 myself. What is your # that i can call in case i have any qs?
If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.
It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV
Best wishes
I am tired of my company lawyers. They did not file my 485 when my PD became current in June bulletin. I gave all the documents required. I missed an opportunity big time. Even now they are not responding when i ask them when will they file my application. After reading the msgs posted in this forum i am confident that i can do 485 myself. What is your # that i can call in case i have any qs?
gbof
06-11 08:21 AM
My PD of 12 Oct 05 is 'So near yet so far' will be missing aug VB. Dates are only going to move forward from here onward and NOT going to retrogress as predicted by our learned members...
cnag
03-17 03:12 PM
Does the Frist Bill refers to advanced degree from the US or advanced degree
from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
please clarify ?
from Indian Universities also ? I mean MCA/MS/Msc/MTech etc? Can anyone
please clarify ?
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