mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
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eb3_nepa
06-26 04:30 PM
Umm, Eb3_Nepa, speeding is breaking the law. A speed limit is the law. In pointing out that a speeder is fined but an illegal immigrant is deported, you are pointing out the difference in punishment for breaking the law. The punishment is man's decree, nothing more, nothing less. One could argue that a speeder can cause more harm to society (by driving way faster than conditions permit, for instance) than an illegal immigrant. Yes, an illegal immigrant is breaking the law, but who knows what we would do if we had a bad life and made $1 a day and someone promises a better paying job in some other country. So let us not point fingers here, but focus instead on the value we add.
You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.
Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.
Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.
Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.
You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.
You are getting into this discussion late and I have edited/deleted posts, but from my comments you have an idea of what was said. It wasn't productive.
Stucklabour i am not going deep into the illegals issue here. What i am saying is, that if some members sympathise with the illegals, that is perfectly fine with me, you may be more humanitarian than i am and you have a right to be. My point was, that being in the country illegally is considered more of an offence than a speeding violation not by you, or me, or anyone BUT by the US Govt.
Also just to let everyone know i am not pointing any fingers at anyone here. I dont know about you, but let me tell you why I came here. It was not money particularly that brought me here. It was the fact that inspite of doing an Engineering degree, jobs were almost impossible to come by. Inspite of being a BE from a Fairly decent Engineering college in India, i have had to work in conditions Far worse than some of the workers in that company would have to (and this was after holding a supervisor's position). My family could not afford to send me here to study outright, so we scrambled for loans and scholarships. That being done I changed professions to do a Master's in IT and completely change fields. My point is, i did all that by staying WELL under the umbrella of the law. I speak for the many many master's students who come here after studying in India and go thru faily poor student life conditions due to lack of money during college. Once again we did it the LEGAL way. We waited for our turns. You gave me a figure of $1/day that illegals make. I was making Indian Rs 4,500/month (after doing a 4 year bachelors in Engineering) which is abt $3.00/day. I also knew my batch mates making even less than that a month. So does that mean that if i came to the US illegally, i would be justified in doing so coz we were making really less money? Also while staying here, we were 3 roommates accompanied by 3 mice in our apartment and abt 2000 roaches coz the apartment was REALLY old. :) Even there i know lots of my batch mates who underwent similar and worse problems.
Please dont take my post the wrong way, i am sure there are many many more like me who have had it MUCH worse than i did. I dont want to bring my personal problems in public. But when i read things like, "lets put ourselves in their shoes" argument, i could not just sit back and and pretend like it is ok to break the law and actually be rewarded for it.
You are a moderator and by that right you may delete my post, but just to clear matters, i am not againt any community in particular, just against people being rewarded for breaking the law on grounds that they were making less money.
EndlessWait
07-05 01:28 PM
The culprit being subjected to Gandhigiri (Gandhi-ism: A strategy to win unjust,corrupt mind by highly unexpected pleasant deeds.)has some shame and self respect.If the target is a moron, he would slap you to death, no matter how many chances you give him.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
In our case we don't even know who the culprit is (USCIS/DOS/Capitol Hill/Anti-Immigrants/Lobbyists). The only thing that would come out of these flowers is a security alarm. I know many would take this as a negative approach, but this is the most logical outcome of this deed.
On a lighter note, if sending flowers/fruits would have won hearts of the immigration officers, imagine how easy GC would be for those illegal immigrants who work in the farms.
For all those bouquets your sending... they will dismiss it as some security breach... cmon dont u know by now how USCIS is after 9-11.
They might just create panic out of innocent lovely flowers.
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ghost
02-24 01:34 PM
How to get added to the 'donor' forum?? ;)
as far as I know, donor forum is for recurring contributors only...thanks for your contribution!
as far as I know, donor forum is for recurring contributors only...thanks for your contribution!
more...
gccovet
07-24 12:47 PM
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
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
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
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
BharatPremi
11-01 04:55 PM
Guys,
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
Here is my understanding. Please add your suggestions and opinions
Goal: Use AC21 safely to achieve GC
Addressed Parties: Applicant( "A")
Current Employer(Comany X - "X")
Client of current Employer (Company Y - "Y")
Future Employer (Company Z - "Z")
Prerequsites:
------------
Good Relations with X
----------------------
Documents to be asked for:
--------------------------
1) 181 Days wait period
2) "Intent to hire in future" Letter on the last day of the job
3) Copy of "Employment Letter" submitted for 485
4) Copy of certified labor
5) Copy of approved I-140
6) Original 485 receipt and original receipts of AP and EAD if applicable
7) Original pay stubs for this 181 days period
Bad Relations with X
--------------------
Documents to be asked for:
--------------------------
All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
Labor certification number and copy of 485 receipts ARE MUST.
Paystubs anyway you will get. In case if "employment letter" is not
given then try to take "Reference letter" from Y which depicts you
were working as a X's consultant with title "Job description --matching
Job Code" from this period to this period (Last day of your 181st day)
Things to be taken care of at Z side:
-----------------------------------
1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
2) Have offer letter with start date (182nd day), with "Same Job Code" with
your 485 is filed and written commitment of pursuing GC from where it was
left without any condition.
3) Have commitment of direct communication with lawyer
4) Have employment letter secially prepared for teh use of AC21 having start
date, Job code, title, job description and commitment of future continued
employment
5) Send AC21 notification letter alongwith employment letter of Z, paystubs
from X through Z's lawyer.
Thanks.
AM I MISSING SOMETHING?
more...
neelu
12-15 12:49 AM
You are absolutely right, but that is not the sort of solution that Corporations see as what would raise american competitiveness. That is what this whole thing is about.
I feel that even if the SKIL bill passes, there will be another bill in a couple of years to bring down the number of H1s. That is because, the American public will raise their voice.
It all goes in cycles!
I feel that even if the SKIL bill passes, there will be another bill in a couple of years to bring down the number of H1s. That is because, the American public will raise their voice.
It all goes in cycles!
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danila
07-08 08:15 PM
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
'A' number is not the visa number, it's the alien registration number assigned by USCIS. Visa number is allocated only when the AOS application has been approved.
more...
wantgc23
09-09 08:30 PM
EB3 Folks!
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
This is pathetic ... And it's time for most of you to seriously think about converting to EB2. Now I have no idea how difficult or immpossible this would be, as I had always been EB2, but their are several threads on this forum that can assist you. I strongly suggest you to seriously start researching your way out of this mess. I wan't expecting EB2 to stay beyond 05, but it is going to be like that for another month. Are all the 2004 EB2-I applicants exhausted? ... I don't know, but I know EB3 just keeps on retrogressing.
If this abyss continues, think about it ... you will always remain struck where you had been for past so many years. This is no life.
Ask yourselves ... how can I convert to EB2. Take control!
Thanks for the message. For my part, I will do what I can and hold no-one but myself responsible for the situation I am in :)
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EB3_SEP04
08-08 07:20 PM
my EAD is still pending. but no lud on EAD cases. just a soft LUD on I-140 on 7/13. Very wired !!
GCCovet
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
GCCovet
GCCovet/Mahujam,
- How did you find out about the LUD?
- What is soft LUD vs. hard ?
- what are possible reasons of an LUD ?
Thanks in advance!
more...
Rohan99
10-09 12:58 PM
I am still waiting?
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
I called USCIS today morning, response was by end of this (oct)month they will complete all data entry for I-485. He told that last week they did lot of entries for July 2 and we should see the receipt number any time soon.
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rsharma
09-24 08:36 AM
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)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
more...
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ibb
10-09 11:21 AM
how about based on salary?
everybody maximize their own utility.
everybody maximize their own utility.
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rennieallen
10-09 12:29 PM
Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
more...
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akred
05-01 12:40 AM
A plain reading of the INA supports this contention. But then the USCIS always works in mysterious ways.
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rbusgc
02-24 01:29 PM
Receipt No: 5475-4035-1880-0959
RB
RB
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gc_in_30_yrs
11-21 12:21 PM
mehul,
as a fellow human being my heart is full of sad by knowing your position. may god bless you and your family. as moderator (i think it was logiclife) said, you can not trust american doctors. go to a different country. if you are from india, i would suggest you to go to chennai / hyderabad and get checked. there may not be any cancer at all. you may be surprised with what miracles indian doctors can do. the survival of this dangerous illness is by staying positive about life. drugs will help, but having faith that you can overcome is very important. i pray for you and your family. ofcourse, when i pray daily the entire universe is added in my praryers. may god help all who needed help from him.
i have no words remaining.
as a fellow human being my heart is full of sad by knowing your position. may god bless you and your family. as moderator (i think it was logiclife) said, you can not trust american doctors. go to a different country. if you are from india, i would suggest you to go to chennai / hyderabad and get checked. there may not be any cancer at all. you may be surprised with what miracles indian doctors can do. the survival of this dangerous illness is by staying positive about life. drugs will help, but having faith that you can overcome is very important. i pray for you and your family. ofcourse, when i pray daily the entire universe is added in my praryers. may god help all who needed help from him.
i have no words remaining.
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spulapa
02-02 10:24 AM
All the very best in what ever decision you take....!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
You have to churn thru a hell lot of things before you make a decision and I'm sure since you have made up your mind you have taken into consideration all the aspects...!!
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ArunAntonio
07-09 06:08 PM
Excellent job!
But should we remove the contact number of Vikas Chowdhry from the article -- ??
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
But should we remove the contact number of Vikas Chowdhry from the article -- ??
Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!
CADude
08-27 03:45 AM
Posted by Clockwork:
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
Administrator2
03-08 05:19 PM
Also you seems to be straying from the original intent of the thread...
mirage,
The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.
All the Best.
mirage,
The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.
All the Best.
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