number30
04-22 06:19 PM
This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
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Hinglish
03-13 05:50 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?
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
invincibleasian
02-10 07:31 PM
They have to abolish the H1B programme completely since they can no longer prevent its abuse. They need to have a new process in place in which scrutiny occurs for each application of a foreign worker!
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gc genie
06-13 07:40 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
more...
suriajay12
04-10 08:20 PM
http://caffertyfile.blogs.cnn.com/2009/04/10/where-should-white-house-start-with-immigration-reform/
gc_maine2
05-01 01:24 PM
we should not be slow
Here is my Small contribution to a LARGE BILL
Receipt ID: 5CM844923L690873H
Amount: $100
We are slow. Aren't we??:confused:
Here is my Small contribution to a LARGE BILL
Receipt ID: 5CM844923L690873H
Amount: $100
We are slow. Aren't we??:confused:
more...
intheyan
06-26 03:04 PM
Thanks Sheela.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
I got a relief. So since I ma on EAD and on I-485 status is it ok to take a break for 3 months and then start the next job. So this break will not affect my status right.
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hebbar77
04-10 02:16 AM
oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?
Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.
.
reading above posts it reminds me what I read :
Lot of junk sold in US...
People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.
So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
Have a good one guys.
Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.
.
reading above posts it reminds me what I read :
Lot of junk sold in US...
People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.
So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
Have a good one guys.
more...
thescadaman
05-17 03:06 PM
sent
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qasleuth
04-10 03:50 PM
As Chanakya is still getting rave reviews :) let me break this down a little more. OPs gripe can be broken into three categories:
1. What is IV doing with all the money collected.
2. What is IVs specific plans for the future/ what has it done in the past
3. Donor forum and general compliants about the concept
# 1. I think trusting IRS and CPA will go a long way. I am not aware of any donations being collected by IV on personal names. Have you sent any money to an individual and not IV the org ?
# 2. About us lists items that IV has done in the past. Do they meet your expectations ? Maybe yes or maybe no. What does advocacy mean ? For both the points, doing some research will help. Why we did not have stellar succeses with past campaigns ? Advocacy, how quickly can we be successful. Google and find out.
#3 Donor forum. Search the forums and find out how much money was collected by campaigns mentioned by ChanduV. Pennies. Two different reasons in my opinion as to why the donor forums have been created. 1. obviously to collect donations 2. the section has 'premium' content like regular updates, quick responses from core, information which cannot be made available publicly without harming the efforts etc.
All the other things about donor forum is nothing but emotional garbage.
1. What is IV doing with all the money collected.
2. What is IVs specific plans for the future/ what has it done in the past
3. Donor forum and general compliants about the concept
# 1. I think trusting IRS and CPA will go a long way. I am not aware of any donations being collected by IV on personal names. Have you sent any money to an individual and not IV the org ?
# 2. About us lists items that IV has done in the past. Do they meet your expectations ? Maybe yes or maybe no. What does advocacy mean ? For both the points, doing some research will help. Why we did not have stellar succeses with past campaigns ? Advocacy, how quickly can we be successful. Google and find out.
#3 Donor forum. Search the forums and find out how much money was collected by campaigns mentioned by ChanduV. Pennies. Two different reasons in my opinion as to why the donor forums have been created. 1. obviously to collect donations 2. the section has 'premium' content like regular updates, quick responses from core, information which cannot be made available publicly without harming the efforts etc.
All the other things about donor forum is nothing but emotional garbage.
more...
mundada
01-12 02:39 PM
Again you are plain wrong. If a non-US citizen buys house in the US then does he have the right to own the house and live as he wants? The answer is YES.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
Similarly, the US Constitution protects certain rights of non-US citizens who are in the US. One of them is right to the Equal Opportunity Employment. Now if a law is passed such that it intentionally or unintentionally goes against the right of the US citizens or non-US citizens, employed in the lands of the US, to Equal Opportunity Employment then YES the US courts can rule that the law is unconstitutional and hence no longer applies.
The Key Point: Equal opportunity employement advancement is protected by Constitution ("Title VII of the Civil Rights Act of 1964 (Title VII)") and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment, which is unconstitutional.
Unfortunately, I agree with you, this thread is going no where. It will go on for 10+ pages and then die. I have seen may be 5 such threads on immigrationvoice and .
You are talking about rights as if you are a citizen of this country. Constitutional rights are given to the citizens of the country. It is not your right to stay in this country. Legally it is your employer who wants you here and petitions for your Greencard. Now can you get your employer to talk to your congressman or media or file a lawsuit for you?
There were some folks talking about lawsuit 3 months ago after the visa bulletin. That thread ran 9 pages and nobody did anything. 2 months ago again people talked about lawsuit and hunger strike. Nobody did anything. So it is not going to happen. Are you willing to spend thousands and keep going to courts or testify? Are you ok with your greencard application be used as an example and allow USCIS to scrutinize it?
This talk about lawsuit is all gas.
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justice4all
07-21 09:04 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
more...
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kumar1
03-13 04:15 PM
This is a train which sometimes move backwards. It was our decision to take a ride on it.....God bless July-07 fiasco......spouses got work permit.....
EB-3 India is going to be a looooong wait. Lots of EAD renewals, Lots of AP!
EB-3 India is going to be a looooong wait. Lots of EAD renewals, Lots of AP!
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mpadapa
02-20 09:20 PM
Couple of my friends mailed the letters. Takes my count to 9
more...
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rajeev_74
07-05 09:24 PM
Well said...now let me put it in a slightly direct fashion....
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???
Geez.....you definitely need a brain check.
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???
Geez.....you definitely need a brain check.
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Totoro
01-29 08:32 PM
I just made a new post about how the new stimulus is going to be denied to immigrants again. Please view the new thread here:
http://immigrationvoice.org/forum/showthread.php?t=23399
http://immigrationvoice.org/forum/showthread.php?t=23399
more...
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starscream
06-26 12:16 AM
Per AILA:...2 BIG 'IFs'
Majority Leader Harry Reid (D-NV) has scheduled a procedural vote on a motion to proceed with the Senate immigration reform bill (S. 1639) for Tuesday, June 26, 2007. If the motion passes with 60 or more votes, senators will begin debate on a negotiated list of 24 amendments, split evenly between the two parties.
Debate and votes on the amendments will continue until the morning of Thursday, June 28, at which point the bill will be put to a second procedural vote to limit debate. If it passes with 60 or more votes, the Senate will have 30 hours of additional time to debate and vote on the outstanding amendments. If the bill survives this procedural gauntlet, a vote on final passage could occur late on Friday or possibly Saturday.
Majority Leader Harry Reid (D-NV) has scheduled a procedural vote on a motion to proceed with the Senate immigration reform bill (S. 1639) for Tuesday, June 26, 2007. If the motion passes with 60 or more votes, senators will begin debate on a negotiated list of 24 amendments, split evenly between the two parties.
Debate and votes on the amendments will continue until the morning of Thursday, June 28, at which point the bill will be put to a second procedural vote to limit debate. If it passes with 60 or more votes, the Senate will have 30 hours of additional time to debate and vote on the outstanding amendments. If the bill survives this procedural gauntlet, a vote on final passage could occur late on Friday or possibly Saturday.
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go_guy123
08-09 11:12 AM
Hi all,
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA.
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or Canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Yes salaries and opportunities are greater in US. I am not denying that. Actually
an Indian family friend of mine here in U of T, his wife happens to be born outside
India. I always advice them to keep an eye on opportunities in US, GC is worth the hassle for him.
With 2 kids you get tax benefits from Govt. Yes its hard. But its even harder and risky with
H1B in US. Taxes are high and so I am now planning to work as sole proprietorship
, something that I am not allowed to do in US.
Socialist Health care can never be equal to privatized health care in US.
In Canada you pay in terms of wait times (but not as bad as the private insurance lobby is portraying in US nowadays)
But if it is non emergency and needs long waiting I can get that done in India as well.
Skilled immigration is closed for non IT managers now.
Actually US has lately liberalized the TN1 visa for Canadians. It used to be 1 year but lately increased to 3 years. As H1Bs are squeezed out of US, the demand for non H1B needing people will increase and that can benefit TN1 visa holders.
This discussion is very valuble for people like me deciding between living in Canada as PR vs H1B USA .We all know that salaries in USA are slightly better than Canada .But now the exchange rate is almost equal.
Salary:
Can a person with family(2 kids) survive in Canada with CAD 50,000 / year salary in a place like Toronto.? I heard in Canada you pay 13 % tax on anything you buy .Does 50 % of your income goes in taxes ?
HealthCare:
Also is the government sponsored health care good compared to USA .I mean do you have any wait to see specialists.Is healthcare comparable to USA.
Immigration:
In USA anyone can get a Greencard regardless of their qualifications and it depends how early you enter the GC queue.But looks like in Canada they value your educations and other qualifications.Can IT professionals (non-managers) apply for Canada PR without a job or Canadian education?
Canadian Citizenship:
Many people want to get Canadian citizenship and return to USA with TN Visa .In future ,could USA put restrictions on this .?
Please share your thoughts .
Thankyou
Yes salaries and opportunities are greater in US. I am not denying that. Actually
an Indian family friend of mine here in U of T, his wife happens to be born outside
India. I always advice them to keep an eye on opportunities in US, GC is worth the hassle for him.
With 2 kids you get tax benefits from Govt. Yes its hard. But its even harder and risky with
H1B in US. Taxes are high and so I am now planning to work as sole proprietorship
, something that I am not allowed to do in US.
Socialist Health care can never be equal to privatized health care in US.
In Canada you pay in terms of wait times (but not as bad as the private insurance lobby is portraying in US nowadays)
But if it is non emergency and needs long waiting I can get that done in India as well.
Skilled immigration is closed for non IT managers now.
Actually US has lately liberalized the TN1 visa for Canadians. It used to be 1 year but lately increased to 3 years. As H1Bs are squeezed out of US, the demand for non H1B needing people will increase and that can benefit TN1 visa holders.
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whiteStallion
05-15 06:10 PM
I also missed out the stimulus payment due to my wife's ITIN. Bollocks to FAIR...
sirinme
06-24 01:35 PM
The lady's response was same as reported by other callers. She took down my name and phone number and said the message would be passed on to the Congressman. She also mentioned his response would be posted on his website.
Winner
07-01 05:37 PM
Now go ahead and give me red dots. but my only request is please call and get your Husbands/Wifes/GF/BF to call. I will be happy with red dots if you at least call.
You don�t deserve a red dot. Thanks for explaining the need for action in a passionate way. I know it does not matter, but gave a green dot anyways.
You don�t deserve a red dot. Thanks for explaining the need for action in a passionate way. I know it does not matter, but gave a green dot anyways.
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