hebron
10-28 02:37 PM
Thanks guys for posting your experiences.
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
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illinois_alum
08-12 12:36 PM
Not true. Whatever they can outsource, its already gone. There are certain position where the clients demand onsite resource. I am not supporting this bill in anyway, I hate infy as much as I hate this bill. Remember these companies did not leave any stone unturned, milked the client every possible way and expoilted the employees to the maximum extent. In one another post - VLDRao was saying these companies does the tax filing on behalf the emoloyee, get the refund and again claim that tax in india using double taxation aoivdance treaty.
This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)
This was a practice only done by TCS a few years ago. And even that has stopped now (albeit because of a lawsuit filed by some employees)
gcisadawg
02-10 08:30 PM
I think, gcisadawg, the problem is the structure of the indian society. This is true with westerners too but as much true.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
An Indian/asian guy has to earn because he is perceived to be a bread winner. Unless he is properly settled he is not eligible for marriage.
On the other hand, if a girl is not career-oriented she can still get good husbands depending on her personality and so on.
And such girls invariably forfeit the right to send money to their parents. In such cases, one should not expect girl's parents to give her a share in their property. Its all clean.
You have Indian house wives (many of them) but you have fewer house husbands. Even if your wife works, it is supplementary income and not the main.
This is a complex equation and husbands and wives must understand the social structure we live in and adjust with each other.
Well, couple of my friends are "house husbands" now...they got laid off and their wives are still working! :D
Agreed, it is all situation based. As long as one is not forced, a couple can talk between themselves and come to an amicable solution.
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logiclife
07-06 12:13 PM
I have changed the thread title.
more...
vbkris77
12-10 04:17 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
gc78
07-15 01:18 PM
Just sent $25 via BoA - Conf#7YF49-5GB9R
Total contribution to date - $225
Total contribution to date - $225
more...
yabadaba
08-08 04:02 PM
please guys just write as many as you can...as i pm'ed pappu...my piece was touchy feely, because i wanted it that way. He suggested some additions to add contributions of immigrants/details of retrogression but I declined cos i felt the touchy feeliness (so to speak) would be diluted.
the more number of op/eds we have, the more they can have an ongoing set of articles that can flow to the news media. Momentum!
the more number of op/eds we have, the more they can have an ongoing set of articles that can flow to the news media. Momentum!
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jungalee43
04-29 06:50 PM
Senator Scott Brown (R-Massachusetts) - left voice mail
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
Senator Judd Gregg (R-New Hampshire) - left voice mail
Senator Richard Lugar (R-Indiana) -left voice mail
Senator Michael Enzi (R-Wyoming) - left voice mail
Senator Lindsey Graham (R-South Carolina) - it was not on my print out. But would call right away.
Senator John Ensign (R-Nevada) - Spoke with staff. Could not escape noticing her "sigh" when I mentioned CIR. She asked if I was from Nevada. I said no. But still she patientely took my message. She said there was no official statement yet from the senator and would not tell his position.
Senator Orin Hatch (R-Utah) - engage. Nothing happened.
Senator John Cornyn (R-Texas) - You must call during office hours. Cannot leave voice mail.
Senator John Kyl (R-Texas) - left voice mail
Senator Mitch Mcconnell (R-Kentuky) - engage
Senator Amy Klobuchar (D-Minnesota) - Voice mail
Senator Claire McCaskill (D-Missouri) - Mail box full !!!!!!!!!!!!!
Senator Jon Tester (D-Montana) - left voice mail
Senator Jim Webb (D-Virginia) - left voice mail
Senator Sheldon Whitehouse (D-Rhode Island) - left voice mail. Here you hear prompt both in English as well as Spanish before you get the beep of the voice mail.
In every message I mentioned my name, address and phone numbers. Will call the Sen. Graham and sponsoring dems now. I will make another round of calls during office hours tomorrow.
And please the Fax link for guests. They should not be able to edit the mesasge. But must enter name and address. I can have at least 100 faxes sent.
more...
Chiwere
08-20 04:45 PM
USCIS_COMPLAINT is an inactive email account should be reported to the Ombudsman as well.
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
As for management,following are responsible for NSC:-
Director: Gerard Heinauer
Deputy Director: Gregory W. Christian
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ramus
07-06 01:29 PM
Why USCIS suddenly did this press release? Something fishy?
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
Nebraska Service Center
USCIS expects to provide in time-compliance for receipting of form types listed below:
Data Entry:
Compliant BY
I-131 EB 8/1/2007
I-140 EB 8/1/2007
I-485 8/1/2007
N-400 8/1/2007
All other forms are currently in time-compliance.
http://www.uscis.gov/files/pressrelease/ReceiptingTimes06Jul07.pdf.
So, if they accept our applications for July, we can expect the receipt numbers on Aug 1st.
more...
485Mbe4001
01-04 01:13 PM
We have meetings every thursday at 7pm, you can join in if you want, i am from irvine too. i can send you the details let me know, if you and roktamurty are interested.
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
Hi Jimmi,
Count me in as well. I live in Irvine.... Great effort.... Lets get this rolling...
Regards,
Smarteey
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immignation
09-30 12:52 PM
http://www.immigrationportal.com/showthread.php?t=200014
http://www.immigrationportal.com/archive/index.php/t-207102.html
Any reply to my original question?
Thanks all
http://www.immigrationportal.com/archive/index.php/t-207102.html
Any reply to my original question?
Thanks all
more...
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bp333
03-04 06:25 PM
After reading all these, got curious and checked status of my cases online after a year. I got a soft lud on my, my wife & son's case on 02/25. Something is definitely happening.
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
Sorry for being ignorant. How can we determine LUD (last update date) and what is meant my soft LUD ?
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gconmymind
09-14 01:59 PM
bump
more...
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Milind123
09-12 05:35 PM
Thanks IV...way to go.
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Not at all modest, I would say it is really nice contribution. Thanks
Just made a modest contribution of $200.
Order Details - Sep 12, 2007 11:28 AM PDT
Google Order #313190031134013
Not at all modest, I would say it is really nice contribution. Thanks
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bestofall
09-12 04:48 PM
for any IV core agreed plan
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vandanaverdia
09-09 02:43 PM
Signed up for volunteering too.
Waiting for details.
Looking forward to being part of history!!!!
Waiting for details.
Looking forward to being part of history!!!!
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sandy_anand
07-15 11:08 AM
Scheduled $5 Every Month.
Great Idea, thanks!
Great Idea, thanks!
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ameryki
01-06 03:56 PM
Hi,
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
scorion PIM process is a new additional step that is now part of visa stamping process. if you read around here you will find out more about it but in short uscis office in kentucy has to scan and upload all your supporting documents i.e employement letter etc that you might have used to get an H1 approval. The embassy you will visit for visa stamping has to review all the uploaded doc's before stamping your visa. Now I read in one of the thread here that someone in chennai has been stuck for over 3 to 4 weeks after their visa intvw just because the PIM process is not done. Hope this helps. Check out this thread:
http://immigrationvoice.org/forum/showthread.php?t=16145
I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.
Thanks a lot in advanced
scorion PIM process is a new additional step that is now part of visa stamping process. if you read around here you will find out more about it but in short uscis office in kentucy has to scan and upload all your supporting documents i.e employement letter etc that you might have used to get an H1 approval. The embassy you will visit for visa stamping has to review all the uploaded doc's before stamping your visa. Now I read in one of the thread here that someone in chennai has been stuck for over 3 to 4 weeks after their visa intvw just because the PIM process is not done. Hope this helps. Check out this thread:
http://immigrationvoice.org/forum/showthread.php?t=16145
ramus
09-09 10:14 AM
GCOP
Junior Member Join Date: Nov 2006
Posts: 1
$100 Contribution
--------------------------------------------------------------------------------
I just made $100 contribution for Rally on Sept.18
Google Order# 664888870694671
PD:Oct.03, EB-3
I 140 Approved
I-485 filed on July 25,07
Junior Member Join Date: Nov 2006
Posts: 1
$100 Contribution
--------------------------------------------------------------------------------
I just made $100 contribution for Rally on Sept.18
Google Order# 664888870694671
PD:Oct.03, EB-3
I 140 Approved
I-485 filed on July 25,07
McLuvin
04-12 01:43 PM
What's happening with the PERM approval guys??
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
No approval off late... Its going in a snail pace since the last 10-20 days
BR,
McLuvin
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