a1b2c3
10-12 10:19 AM
Looking at the movement of dates for EB3, esp India and China, it's hard to be optimistic of any changes. It's a very wretched position to be in for Indian and Chinese nationality, if they're in EB3. All those who are eligible to port will definitely try to port to EB2 as long as it's available and cut their waiting time. It might be risky and unpredictable, but it's a risk worth taking considering the endless torture in the form of a long wait and zero or little forward movement of dates.
There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to square one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
There've been times when I've felt like attempting porting, but am not sure of the reaction of my employer - a big "reputed" company. If they revoke the I-140 in retaliation for using AC-21, then no chance of porting and back to square one. So it's the seemingly endless wait for me just like all others suffering from 2001 onwards. If only I'd not hesitated to take a bold step back in 2003. Too late to lament about that though.
It was very hard to see at least 3-4 of my friends working in very reputed, established companies, not some tinpot startups (I'm almost tempted to name the companies) using labor Sub. And all of them have got their green cards comfortably. Every single one of them.
Their managers pushed for labors subs for them and nobody even objected because it was legal!
And to my best knowledge, my current company didn't do any subs (perhaps because they didn't have layoffs during dot com bust) so I see senior employees in my company badly stuck with EB3. In fact, there are EB3 managers hopelessly stuck whose EB2 employees are in a better position than them. I'm NOT making this up.
Unless you take risks, you won't progress. Calculate your risks and take it. My friend, 2003 is an old PD and you have been stuck for long. You deserve a better deal and a more senior job profile. I agree completely with folks though, that allowing people to retain the old PD is unfair to others waiting and USCIS should grant some intermediate PD. But take it from me, all kinds of unfair practices have been happening. A classic example is July 07.
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davidbhatt
01-30 05:06 PM
Dose any one care for people who have been deported and had a green card,,,,, their wife,kids,mom,dad,brother,sister, every one are in us,
oh ya and dont say that their is a lawyers for that cause their are people who cant aford lawyers, dam some time this country make's me fell sick as hell,
oh ya and dont say that their is a lawyers for that cause their are people who cant aford lawyers, dam some time this country make's me fell sick as hell,
diqingshen
07-31 12:38 PM
The guy answered phone said NSC is supposed to be compliant by August 1st, but he doesnt see it happening.
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ss1026
08-20 06:18 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
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bkarnik
04-10 04:21 PM
The majority of the USCIS system is based on regulation, not law. The same goes for DOL. Many lawyers have argued that the entire LC/PERM system was created by administrative fiat i.e. it goes way beyond what is laid out in the law.
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
Morpheus:
I totally agree with you, and that is what surprised me in starting this thread. However, it appears that as recently as 2004, the DHS changed the EAD regulations to extend the validity by more than 1 year in certain cases. I am wondering if it might be worthwhile for the IV core to utilize some resources to try and get the DHS to change the regulation and issue EAD after I140 approval. I feel that we have a good argument considering the facts: a) once I-140 is approved, there is a approval by the USCIS to the employer to hire the alien as a permanent employee and; b) by issuing the EAD at this stage, the USCIS is not in anyway tampering with the GC quotas.
Thoughts??
Having said that, it doesn't appear the the DoJ or DHS will make any changes in their byzantine regulations unless forced by Congress. Consider AC21 which is a law that was made effective >5 years ago but has still not been codified into USCIS regulations!
Morpheus:
I totally agree with you, and that is what surprised me in starting this thread. However, it appears that as recently as 2004, the DHS changed the EAD regulations to extend the validity by more than 1 year in certain cases. I am wondering if it might be worthwhile for the IV core to utilize some resources to try and get the DHS to change the regulation and issue EAD after I140 approval. I feel that we have a good argument considering the facts: a) once I-140 is approved, there is a approval by the USCIS to the employer to hire the alien as a permanent employee and; b) by issuing the EAD at this stage, the USCIS is not in anyway tampering with the GC quotas.
Thoughts??
Aah_GC
12-18 11:24 AM
Guys, Just wondering if I would need a copy of my Perm and I140 while invoking AC21. I do have a copy of the I140 but my desi employer would not support me in any way. Please let me know.
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jonty_11
07-19 02:42 PM
as long as emplyer employee relatioship exists u r OK..
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
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lonedesi
04-01 05:25 PM
Sent Fax #10
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angelfire76
05-29 09:34 PM
Yes.
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ssnd03
07-17 10:05 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
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Macaca
09-03 08:26 AM
From The Contribution of Legal Immigration to the Social Security System (http://www.aila.org/content/default.aspx?docid=12396) By Stuart Anderson, February 2005
When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)
Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.
When you work and pay social security taxes, you earn social security credits. Most people earn the maximum of four credits per year. Each of the three main Social Security programs accumulates credits in the same way.
To qualify for retirement benefits you must have worked for at least 10 years for a total of 40 credits.
The amount of benefits is based on a person’s average earnings over 35 years. If a person is credited for less than 35 years of work, the missing years are averaged in as zeros, greatly reducing benefits.
Social Security benefits to current retirees are funded primarily out of the taxes paid by today’s workers. For that reason additional workers are extremely beneficial to America’s “pay as you go” system. (page 4)
Immigrants typically arrive near the start of their working years and may contribute to the system for up to four decades before receiving any benefits.
In addition, the immigrants have children who upon reaching working age immediately start paying into the Social Security system. These children will not receive any benefits for often more than 6 decades after the arrival to America of their immigrant parent.
By the time the child of the immigrant starts receiving benefits, the grandchild (or grandchildren) of the immigrant will already have been working and paying into the Social Security system for many years.
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Jaime
09-05 05:21 PM
We can do this together guys!!!
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IAF
11-03 10:47 AM
Expect no much change
EB2I No much cange
EB3I May move by a week
EB2I No much cange
EB3I May move by a week
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coloniel60
08-14 06:23 AM
This is called OBSSESSIVE COMPULSIVE DISORDER
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
more...
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priti8888
01-04 12:56 PM
Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Heheeh This is sooo Funny...:D:D
Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).
Heheeh This is sooo Funny...:D:D
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sanju
03-03 09:51 PM
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Read this -
http://www.msnbc.msn.com/id/29432007/
If I were you, I would call the cops and report this immediately. One can say that you are calling for the protection of your family because a similar incidence of a fake ICE officer took place recently. They could easily find out if that was a real guy or some hoax.
.
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Read this -
http://www.msnbc.msn.com/id/29432007/
If I were you, I would call the cops and report this immediately. One can say that you are calling for the protection of your family because a similar incidence of a fake ICE officer took place recently. They could easily find out if that was a real guy or some hoax.
.
more...
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chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
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howzatt
07-19 09:58 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
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ilikekilo
03-26 02:41 PM
My HR already mad at me. Because
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
lol...cant you ask a different HR?
I dont know..in IL they give 4 yrs for a DL regardless of your EAD/H1 or whatever expiration is..and they dont ask for EVL...
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
lol...cant you ask a different HR?
I dont know..in IL they give 4 yrs for a DL regardless of your EAD/H1 or whatever expiration is..and they dont ask for EVL...
imh1b
11-12 09:16 AM
Visa bulletin is coming today
McLuvin
03-04 10:59 AM
EB3 Movement - Any Hopes?
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
Any Hopes.... My PD is March 2003.... Something should happen.... I know that a movement of 18 months is something i cannot ask for... but again if there is some light at the end of the tunner..... :D
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