Jaime
07-07 11:15 PM
I think you will have some benefit out of this bill, albeit, indirectly. This Bill will exempt a lot of folks with advanced degrees from US and non-US universities. All advanced degree holders from US univs. (STEM and non-STEM) will be exempt. So, a person with an MBA flus a 4 year bachelors from a US univ. will be exempt. Also, folks with non-US STEM advanced degrees who have been working in the US in a related field for 3 or more years will be exempt as well. The family members of such folks are exempt as well. Consequently a lot of folks currently waiting in the pipeline may no longer be counted against the quota, thus reducing the clog in the pipeline. ANother benefit out of this bill is that it increases the quota from 140K to 290K. There fore, you will definitely see some positive movement in priority dates for people in your and other similar situations (this is the indirect benefit I was referring to). It is very hard to say at this point how much the positive movement would me. It will all depend on how many people will be exempt from the quota.
Just to clarify. You say that "a person with an MBA plus a 4 year bachelors from a US univ. will be exempt" but you don't really need the 4 year bachelors from a US university. The MBA from a U.S. university is enough to be exempt, even if your bachelor degree is from outside the U.S.
Just to clarify. You say that "a person with an MBA plus a 4 year bachelors from a US univ. will be exempt" but you don't really need the 4 year bachelors from a US university. The MBA from a U.S. university is enough to be exempt, even if your bachelor degree is from outside the U.S.
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WeShallOvercome
09-20 04:27 PM
I think we could have used some popular tactics to ensure larger attendance in the rally. If the core knew that people like Sheela Murthy and Greg Siskind would be joining the rallly, they should have let everybody know in advance. some people would have attended just to see those big names in person.
I know it's all about ideology and you can say we don't need people who don't want to come for the cause, but looking at what other anti-immigration groups are resorting to, it wouldn't have been a bad idea.
I know it's all about ideology and you can say we don't need people who don't want to come for the cause, but looking at what other anti-immigration groups are resorting to, it wouldn't have been a bad idea.
grupak
06-24 11:35 AM
Time taken for the calls; a few minutes
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
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pd_recapturing
09-27 10:46 PM
A good attorney should be able to get those who availed themselves of the AC21 opportunity free and clear in their green card journey. The law seems pretty clear on this to me.
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
This is clearly a big deal for much of the IV community, who are stuck in this process due to inadequate EB visas and inefficient immigration service center processing.
I believe this might end up needing a class action litigation (for violating AC21 law) and an immigration attorney could make a name for him/herself in the process of this case!
Witness Carl Shusterman's challenge of the USCIS's erroneous interpretation of physician NIW laws and his subsequent stature in the field.
If there are adequate numbers of you, which based on this thread there seem to be quite a few, then approaching a good lawyer to represent the group pro bono and getting this mess sorted out for good might be a consideration.
Any thoughts?
We are discussing it here. Please participate.
http://immigrationvoice.org/forum/showthread.php?t=21716
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pkv
05-06 02:43 PM
I was told that people on H4 are not eligible for SSN, and if I want she (the person on counter in ssa office) can issue me a denial letter for that. It sounded useless to me that time, so I didn't bother to get that letter.
This idea sounds good to me, I'll go to SSA office again and try to apply. Offcourse they will say that they can't accept application. So I'll get a denial letter and I can appeal against that.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
This idea sounds good to me, I'll go to SSA office again and try to apply. Offcourse they will say that they can't accept application. So I'll get a denial letter and I can appeal against that.
They cannot refuse to accept your application. Fill in the forms and send them in. They can deny your application and then you can appeal. If they refuse to accept the application, you have two options. You can contact your congressman and complain. You can file a discrimination complaint with the SSA ombudsman. Here is the discrimination form.
https://ssa.gov/online/ssa-437.pdf
Finally, if you believe you have been denied your rights because you are an immigrant, you can contact your local ACLU and ask them to represent your case. As a last resort, you can file a lawsuit at the federal district court. The filing fee for this is $350. However, I hope we are all doing this to exercise our rights rather than for the money. At least that is my motivation.
In my case, the first time I called, the person hung up on me. But I did not give up. I got them to accept the application and it is currently under reconsideration. I was also able to get a response from the Regional Office. So far they have not addressed any of the points I made in the original case as described in the OP. I expect they will continue to ignore their own laws and regulations, until I appeal this to an administrative judge, who will make a legal ruling.
BTW: All this costs you nothing but your time.
desi3933
01-13 10:38 AM
.......
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
.......
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work
......
......
Good Luck with using that argument if that is your legal basis.
Fair does not necessarily means legal.
Example:
Two person have approved I-140 and waiting for visa number to be current. One is in the USA and the other one is outside USA. The one in the USA can keep on extending H-1B while waiting to file I-485, whereas other person has to wait to get green card at consular processing. Is that fair? For some, it may or may not be.
Immigration Laws can not be challenged in court on basis of fairness. However, with lobbying, laws can be changed.
Personally, I think the country quota is discriminatory and should be removed for EB based green card. But this can be done only with law change and this requires long and persistent lobbying, time, and monetory effort.
In any fight, it is always prudent to use effort and energy in right direction.
Good Luck.
_________________
Not a legal advice.
more...
mheggade
07-15 05:11 PM
Not sure I follow you. How are we getting 50K spill over visas?
How we are getting 50k is like this.
1) EB1 Over Flow (50% of EB1 was unused last year) 46k/2= 23k
2) EB2 Over Flow , this number is still fuzzy. But lets say around 10k.
3) EB2 India has quota of 3500.
So approx 40k.
How we are getting 50k is like this.
1) EB1 Over Flow (50% of EB1 was unused last year) 46k/2= 23k
2) EB2 Over Flow , this number is still fuzzy. But lets say around 10k.
3) EB2 India has quota of 3500.
So approx 40k.
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nrakkati
03-20 08:10 PM
H1 is always new? it could be, but not in case of a transfer
Any way good luck.
Can someone explain me how can i find a H1b is new or transferred?
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
Any way good luck.
Can someone explain me how can i find a H1b is new or transferred?
I got all my H1B photocopies. Does it(new or transferred) show on H1B Document?
Thank you
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continuedProgress
10-09 05:39 PM
Folks - Avoid visanow.com (Chicago) as well
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copsmart
01-23 02:48 PM
Thank you!
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
>> Any location restrictions when using AC21?
No.
AC-21 job should be same/similar and must be full-time position.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
pa_arora
03-05 12:11 AM
If they are going to give out the information, then it should be ok to pay $5k.
Questions are:
a) How soon will the work be finished?
b) Can they please integrate this request into their processes that they generate the numbers periodically, such that visa bulletins reflect demand appropriately?
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
Questions are:
a) How soon will the work be finished?
b) Can they please integrate this request into their processes that they generate the numbers periodically, such that visa bulletins reflect demand appropriately?
i think if we are paying for something we should have the ownership it too.
lets format a reply saying that 5K is too much for the job...if they can give us their Data Model diagram, we can give them the code in a week without any cost.
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canadianinnyc
02-22 04:00 PM
Thank you very much to the above for your replies. This is very helpful.
A couple basic questions:
a) What is AC21? Is it a form I send to USCIS?
b) What is an RFE (re: I-140)?
Many thanks!
A couple basic questions:
a) What is AC21? Is it a form I send to USCIS?
b) What is an RFE (re: I-140)?
Many thanks!
more...
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saimrathi
07-18 03:29 PM
Please close this thread... Someone wanted to apologize, they apologized... done deal... no point going on.. I have mentioned in my posts before that if you dont like someone or what they have to say add them to Ignore list, their posts wont show up while you are browsing threads... Lets keep the forum clean and informative... Thanks...
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
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sriteam
05-20 12:53 PM
Done. Good job Guys
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waiting for GC2010
08-06 07:05 PM
hello ksach,
congrats on ur approval.
I saw couple of guys posting that they are getting approval emails even though their PD is not current.
what this means, is USCIS trying to clear backlog soon?
waiting for visa bulletin.
congrats on ur approval.
I saw couple of guys posting that they are getting approval emails even though their PD is not current.
what this means, is USCIS trying to clear backlog soon?
waiting for visa bulletin.
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storm
07-09 12:56 PM
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
If it was sent Fedex, DHL or UPS, ask for the tracking number. You'll be able to trace if it was really sent to USCIS or not.
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
If it was sent Fedex, DHL or UPS, ask for the tracking number. You'll be able to trace if it was really sent to USCIS or not.
more...
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walking_dude
10-03 06:11 PM
I'm in.
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stucklabor
03-20 07:31 AM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
PD, please read my post above which you quoted more carefully. "Special handling" cases do go through labor cert, only they get faster better treatment. I am not sure of the rule of University Profs, refer to the post chain that I and Appu did earlier on this thread. I think Univ Profs don't do recruitment twice as is the case for the normal junta. They can use the recruitment results from when they first interviewed. But if they are not going the outstanding researcher route, they do have to undergo labor cert.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
PD, please read my post above which you quoted more carefully. "Special handling" cases do go through labor cert, only they get faster better treatment. I am not sure of the rule of University Profs, refer to the post chain that I and Appu did earlier on this thread. I think Univ Profs don't do recruitment twice as is the case for the normal junta. They can use the recruitment results from when they first interviewed. But if they are not going the outstanding researcher route, they do have to undergo labor cert.
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newuser
05-17 12:54 PM
Done. For some reason, the zip code tool is showing my Congressman info wrong. Has to do some guesswork to get the right result in the search.
vjkypally
11-15 11:54 AM
How about we fast while America feast campaign? If we can manage press coverage, it will hurt where it matters. No body likes others fasting while they feast.
bsbawa10
11-24 06:08 PM
I am wondering if it is a "revenge" that USCIS has taken because it could not have its way in June/July 2007 in blocking us from filing 485.
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