arihant
05-03 12:05 PM
GreeNever,
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
The only clarification I would make over Knnmbd's interpretation is that as long as you have a US master's degree or higher, the "3 years work experience in a related field" restriction will not apply. If you read section 201 carefully, you will see that the difference between items 1 and 2 is that item 1 refers to US advanced degree holders while item 2 refers to advanced degree holders (resumably non-US educated). The 3 year restriction only applies to those who fall into item #2.
So, if
a) you have a MS from a US university, you and your immediate family (spouse and minor children) will not be subject to the 3 years restriction and will be exempt from the Visa Cap
b) you have a masters or higher from an acredited non-US university, then the Visa Cap will not apply to you and your family, but you shouldd have worked in the US in a "related" field for 3 years.
My question to everyone:
Will folks in section 201 be required to get a Labor certification? If not, then this will provide relief to a lot of us stuck in the BECs.
Knowledgeable folks, please comment.
REMINDER: Any such bill is still MANY months away from seeing the light of day, if at all. BUT, favorable bills such as these give us hope.
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josecuervo
08-11 10:55 PM
Just got an email that EAD card production ordered
vij
06-08 05:45 PM
How long does it take to get the notification letter once checks are cleared
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gcbikari
04-30 01:38 PM
Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
Anyone know any links, USCIS keeps on posting some data all the time.
I can tell you there are roughly 100,000 labor applications filed (50,000 EB3) between Aug 2003 and Dec 2003 for EB India category. The reason was everybody wanted to clear thru regular process before PERM takes over. Those Labors filed after Aug 2003 and before PERM started are moved into backlog and are fully cleary last 4 th quarter. And so 90% of those EB3s may be still there (45,000) hanging. EB2s could have been cleared substantially till Dec 2003. It is all my guess work and not sceintific or factual.
more...
gccovet
02-09 01:37 PM
Done with paypal.
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
Payment Sent (Unique Transaction ID #2LU89675UY3759432)
Date:Feb. 9, 2009
Time:10:15:06 PST
Status:Completed
Amount sent:-$25.00 USD
Fee:$0.00 USD
Total:$25.00 USD
Will do another in 15 days.
Thank you Sanjay.
Grand Total = $ 178.00
GCCovet
jonty_11
07-28 12:02 PM
alrite the same war of words again.. Lets just cut it and unite.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
I just wanted to disagree the with title of the thread.. All EB3 is "U" why only call to action for EB3-I.. Please dont limit your view of the world(in this case IV)...Work for the betterment of all in EB3 and EB2 and all EB categories....
UNITE and we will WIN.
more...
Googler
07-07 09:14 PM
she said "But we're prepared to talk to people about what happened here."
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS
Pitha -- the law says quite clearly that AOS applications cannot be filed if visa numbers are not available. Which is why IV was trying to get in an amendment that says AOS can be filed even when visa numbers are not available.
USCIS would fight a change in this tooth and nail -- cos as the Ombudsman has reported again and again in his annual reports -- when they spend a huge amount of time churning out EADs and APs, actual adjudications of green cards fall behind. Then there are the people (incl Ombudsman) who say that such interim benefits (EAD AP) should not be granted to such large numbers of people without security checks etc.
My guess is that this is precisely why USCIS didn't want the all current situation. They don't want to be stuck with 700K applications which have no hope of getting a greencard for years upon years, while they churn out EADs and APs for all those years.
Of course, one fix would be to increase the EAD time period to 3 yrs. Something they have been unwilling to do.
2010 toes on one of their feet,
eastindia
07-21 10:45 AM
If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
Why do you need to go to an apartment near Nandita? If you have the courage, go and propose to her and have her live with you in your apartment. :D
more...
arnet
05-04 02:55 PM
what about country limit or quota (hard country limit too)?
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gondalguru
08-26 04:50 PM
Got EAD renewal card production order email today for me and my wife.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
Applied on July 7th, 2008 (TSC)
Approved August 26th, 2008
Don't know if its for two years or one year.
I am current with 2004 EB-2 I priority date.
more...
gcspace
09-26 07:53 AM
My wife's application reached NSC July16th R Pitcher, no receipts yet.
Anyone in the same boat ?
Anyone in the same boat ?
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pd_recapturing
04-25 03:41 PM
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
more...
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eb3_nepa
05-23 11:38 AM
Email sent to everyone on this list
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gcwait2007
02-04 09:05 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
more...
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manubilga
06-12 07:07 PM
My case file on 06/01/07 but i did not get any conformation
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delhiguy
07-04 08:08 PM
No use in getting exploited, Its you life , resign and get another job.
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.
Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)
Which employer would you call better ?? :)
more...
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johnamit
08-13 11:17 AM
any LUD?
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels
I have not seen the notices yet so I dont know what the notice dates are.
My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.
My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels
I have not seen the notices yet so I dont know what the notice dates are.
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pyrosleepy
10-30 09:27 AM
Why not we all hope for the best and expect the worse
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gcspace
09-12 03:53 PM
Congrats! So, for July 10 and above filers, may be next week. We have to wait and see.
I have received receipts for I-485/EAD/AP applications for me and my wife on September 10th, 2007. They came from CA service center (numbers start with: WAC).
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: 09/08/2007
Receipts received: 09/10/2007
--------------------------------------------------------------
I have received receipts for I-485/EAD/AP applications for me and my wife on September 10th, 2007. They came from CA service center (numbers start with: WAC).
--------------------------------------------------------------
Contributed $50. Signed up for $50/month recurring contribution.
PD: March 2004 (EB3 - India)
Labor approved: Jan 2006
I-140 approved: Feb 2006 (NSC)
I-485/EAD/AP applied: July 6th, 2007 (NSC)
Checks cashed: 09/08/2007
Receipts received: 09/10/2007
--------------------------------------------------------------
NKR
04-23 09:26 PM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.
When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.
"Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.
Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.
lutherpraveen
10-02 02:38 PM
I took a printout of the receiver's signature image and the tracking information from the Fedex website just in case.
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
My attorney also mentioned that he submitted my case to the NSC liaison (I think he is referring to the AILA liaison of the NSC center) for follow up to see if they can help confirm the status of my application.
I'll keep you posted on the progress.
I am just trying to make list of people stuck on July 3rd at 9:03 received by R.William. Appears that our box is lost.
Here is the information I got of people(July 3rd) still waiting
If there are more plz...added it to list
-----list-------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
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