delhirocks
07-04 11:29 PM
Hey thx man...I had no idea about this. I will search for the post and read up on it.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
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neverbefore
08-30 02:52 PM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Great news. Congratulations
Great news. Congratulations
GCStatus
09-16 10:16 PM
http://www.newsobserver.com/news/story/628939.html
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h1techSlave
07-20 12:43 PM
If I simplify the whole attitude of IV members; it would be "EB3 is hopeless; EB2 doesn't need any help".
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
The way the whole EB GC stands now, EB2 folks do not need any additional help. The dates are moving relatively fast. In a year or two most of the EB2 folks will get GC. So why spend money and time in IV efforts?
As far as EB3 folks are considered, we have no hope. CIR is dead; piecemeal efforts are opposed by CHC. IV has never shown much interest in piecemeal efforts, despite the fact that what ever little efforts have resulted in enormous positive results.
more...
buddyinsd
08-31 01:33 PM
If this is not racism then what is? U R VERY SICK...Get well soon!!!
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
wizpal
07-08 03:01 AM
Order # FNKXXXXXXX
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
more...
feedfront
09-15 04:55 PM
I am all in for donation.
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sanprabhu
07-20 10:31 AM
$100 from me.
Recurrent contribution $ 50.
Recurrent contribution $ 50.
more...
sanjeev
06-18 10:49 AM
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Lawyer had given me a tracking number.
Lawyer had given me a tracking number.
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humdesi
12-16 06:59 PM
Wouldn't count on that too much. Check how many people came in on H-1B just prior to those years. Then look at the annual per-country quota.
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
more...
Kodi
07-24 02:01 PM
Kodi,
Was the FP for I-485?
I am quite sure FP is not requested for paper based filing. FP for you is misleading.
GCCovet
In the letter it mentioned I-485. I can't figure out what's going on. Its over 90 days since I filed everything and I thought usually you receive EAD within 90 days.
I was happy as I thought I'll be receive EAD soon since I did FP. Oh Well. I'm currently on H4 and have been out of work since last Dec and its becoming very hard living on one salary.
Was the FP for I-485?
I am quite sure FP is not requested for paper based filing. FP for you is misleading.
GCCovet
In the letter it mentioned I-485. I can't figure out what's going on. Its over 90 days since I filed everything and I thought usually you receive EAD within 90 days.
I was happy as I thought I'll be receive EAD soon since I did FP. Oh Well. I'm currently on H4 and have been out of work since last Dec and its becoming very hard living on one salary.
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
more...
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sriteam
07-10 09:40 AM
http://www.twincities.com/business/ci_6336222
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reddymjm
06-06 05:46 PM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
more...
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gc_lover
07-02 09:02 AM
On AILA site...
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
"Just Posted -
Follow-up to Update on July Visa Availability"
Does anyone have quick access through their attorney to check what it says?
This link is there since Friday. There was no useful information on Friday, just rumors!
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chanduv23
07-08 03:04 PM
The exchange between Chanduv and Desi3933 has been a refreshingly objective discussion and is a welcome change from the typical hyper-reactionary posts one sees more frequently in this forum.
One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)
While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it
Well said. healthy discussions help introspect ourselves. In day to day life we seldom see people trying to be wise and good. At workplaces, there is no healthy discussion - all people do is to watch out their backs and talk accordingly - which leads to false perspectives. These days when we give a good advice to friends or someone they may not percieve it in a good way with a "stop preaching me - go help yourself" attitude.
One of the features of the fight for EB immigration reforms we all need to be cognizant of is - that most (99%) of the members are in this fight to solve an immediate personal problem (visa situation) in a timely manner - most of us are not in it because we believe it to be a cause larger than us and a cause that demands personal sacrifice - and hence the lack of collective passion (lukewarm responses to IV sponsored drives, donation efforts etc.)
While - many have tried to compare this cause to India's independence struggle or Gandhiji's movement in South Africa - but the fundamental difference is that in both these struggles - people who led the struggles led it at a personal cost (Gandhiji willingly gave away a lucrative career to take up the struggle and so did Nehru; Netaji Bose was a Civil Services Officer and gave it up) - even the vast majority of revolutionaries (Bhagat Singh et al) were college educated professionals who could easily have had nice careers in British India.........and therein lies the fundamental difference......not one of us would willingly give up what we have for this struggle - we are in it because we are stuck in a system and want some resolution.......as soon as our particular situation gets resolved...we move on....(maybe there are a few exceptions and hats off to these folks).........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it
Well said. healthy discussions help introspect ourselves. In day to day life we seldom see people trying to be wise and good. At workplaces, there is no healthy discussion - all people do is to watch out their backs and talk accordingly - which leads to false perspectives. These days when we give a good advice to friends or someone they may not percieve it in a good way with a "stop preaching me - go help yourself" attitude.
more...
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krish2006
09-24 08:18 AM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
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subdhar
08-24 01:35 PM
did you get this approval from TSC or nebraska??
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mahujam
07-25 03:06 PM
Received by USCIS on 12th June.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
Lud on 18th June.
No receipt received. Found SRC number through cashed check.
No further movement yet.
Eb-3/India/17th Jan 2003.
Sachin_Stock
09-24 01:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
Kodi
07-30 09:54 AM
Just received an email from CRIS, our I-131 was approved. Nothing on EAD.
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