chi_shark
07-10 02:44 PM
i think it is very clear empirically that h1b is for a temp job and is a non-immigrant visa. it allows the employer to hire for a full time job too... whenever that intention is expressed, it should be expressed to DOL and USCIS in terms of PERM and I-140... thats that... once the h1 visa beneficiary is a beneficiary to I-140, then that person can apply for COS and avail AC21... so, i think it is clear that by itself h1 is temp. AC21 simply allows for h1 holder to extend H1 in case labor is clear and 140 is applied (labor expires in 6 months). further: ac21 allows job change after 485 app.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
As per info on that page, it says clearly
"The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability"
How can you say that any H-1B job is permanent? Now, you don't want to believe even the dol web page.
I have always maintained that Permanent Job is a full-time work that has no fixed end date. H1B petition always have fixed end date.
.
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tonyHK12
02-22 05:58 PM
Transaction ID: 0HV49363NW0956225
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
Description Unit price Qty Amount
Donation to Support Immigration Voice (User: imm_pro)
$500.00 USD 1 $500.00 USD
Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
We have achieved 15% of our goal.
Total Contributions...........$7,625.00
Amount to be raised.......$42,375.00
.
.
pvpb
09-27 02:02 PM
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
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jobforme
07-10 12:33 PM
How about we come up with a skit where we can reenact the drama about the whole episode in a funny way. Where we can have people portraying roles of USCIS Director, Secrtary of State, Immigrants calling franctically to India to get their documents, parents running around to get doucments, the start of rumor, the employees of uscis working on sunday to adjudicate the cases, then the flip flop of DOS. etc. Then we can put this on youtube and will attract publicity.
more...
maine_gc
07-19 09:08 PM
I will pledge $100 for this drive
kondur_007
07-28 02:08 PM
As I mentioned in my previous post in this thread, I am now posting information that explains why this "horizontal" spill occurred and no amount of campaign will reverse it (other than change in law).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
If this is repetition of what has already been discussed elsewhere on the site, I apologize.
First, let me point out when and how the interpretation changed:
Following is from immigration-information.com site (Ron Gotcher):
�Last week, I wrote to Charles Oppenheim of the State Department, asking several specific questions. This morning, I had a long talk with him, when he very graciously called to respond to the questions I e-mailed him earlier. In the course of our discussion, I learned a great deal about the present backlog situation and what is being done about it. First, let me deal with the questions I had asked.
Mr. Oppenheim explained that while the Visa Office initially took the view that visa numbers had to fall down into employment third preference before the could fall across to the individual country quotas, but after further review, additional legislation, and consultation with Congress, they concluded that they have to allocate the fall across within individual preference petitions first.�
Direct link to above post:
http://immigration-information.com/forums/showthread.php?t=5456
Some more information from Ron Gotcher�s site can be found at following link
http://immigration-information.com/forums/showthread.php?t=5703
Now, let�s look at the actual law on this (above is only the interpretation from Mr Oppenheim, following is the actual text of the law: (my comment is in italics)
8 CFR Sec 202(a)
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph (read as under that EB category: if it is EB1, it goes to EB1 and if it is EB2 it goes to EB2) shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Read the entire Sec 202 (a) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
A glimpse of Sec 203(b) is:
b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C): �.
Please read the entire section 203(b) here:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe
So, in nutshell:
1. The law is actually clear on this.
2. Now Mr. Oppenheim has interpreted it correctly as well.
3. It don�t think we can convince anyone to change the interpretation (because interpretation appears to be correct. If it was interpreted differently in past, then that was a mistake).
4. The only way to deal with it is to CHANGE THE LAW.
5. More importantly, push for bills to increase overall numbers (recapture, STEM exemption) etc�
6. The big picture: All these is likely to look completely different once CIR comes in, and we need to include our agenda in CIR that would benefit every category for several years to come (not just my GC or your GC).
more...
ys2jax
07-03 09:22 AM
I was initially planning to send a roll of toilet paper with the message "clean your shit"
but let's go gandhi's way
but let's go gandhi's way
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ssa
07-28 12:47 PM
What exactly is the point of this rambling debate? Does anybody really thinks he/she can make an EB2 see the point of view of EB3 or vice-a-versa? No amount of legal/moral/philosophical arguments is going to convince the other party and we all know it.
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
All this debate has done is to bring out the ugliest side of all of us to the surface. There are EB2s claiming every EB2 is by definition superior than EB3 which is insane. And there is an EB3 who is itching to take help of none other than Ron Hira to shot down somebody's GC application as a retribution and couple of people applauding him for the brilliant idea! Really? Do we really thinks this is such a grand idea?
Just accept that everyone's only guiding principle here is self interest and move along. No need to jump through hoops to interpret the immigration law in 101 different ways and no need to call attention to personal suffering and plight. If we do really believe personal suffering should take precedence over everything else on humanitarian grounds then lets all first fight for illegal immigrants since their suffering is much worse than anyone here!
EB3s, go run your campaign and stop trying to appeal to EB2's sense of justice. That will never happen.
EB2s, stop trying to expect EB3s will accept higher EB preference categories should in fact get preference over the lower ones. That will never happen.
The only thing we all can hopefully agree on is, if there is anyone here - doesn't matter EB2 or EB3- who is fiercely debating this but has never contributed to IV and has never participated in any of the previous IV action items in the past that person should just shut up! If you were never active in IV you shouldn't really be talking at this point!!
more...
GCStatus
09-16 05:14 PM
I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!
we've gotta keep moving forward ....!
There you go
we've gotta keep moving forward ....!
There you go
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ghost
11-18 10:37 AM
Done...thanks!
more...
GKBest
10-02 11:27 AM
Hi everyone,
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
Iam a July 3rd filer and the moneyorders for me and my wife has been cashed on September 28th. We had send 2 moneyorders for $745. Waiting for the receipts to come. Hope all of you get your receipts very soon.
And what time? Hopefully, I will be in that box.
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indyanguy
09-30 12:33 PM
Hi,
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.
Thanks in advance
more...
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Prashant
05-23 10:47 AM
Sent emails to my state senators and 9 Important Senators .. One of them belongs to my state I will call him up aswell.
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msp1976
05-02 08:50 AM
Did anything happen on this front...??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
Did he introduce or not??..
All said and done..nothing might pass in the name of comprehensive reform this year...What are the other options for pushing ??
more...
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pappu
08-18 01:35 PM
IV Core is Busy withdrawing money from the bank account.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
DO NOT post such baseless allegations.
IV core is very much aware of the problems as we ourselves face them, and working within our limited means and time. If you are interested, join us and give your helping hand.
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saturnring11
07-22 06:53 PM
I feel for the guys who have been waiting since 2001 for their green cards in the EB3-I/C category.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
To change the interpretation of how spillover is applied, you will need a better argument than "The system isn't fair."
Why should the USCIS/DOS favor EB3 over EB1 or EB2? Unless you provide a reason that benefits America, no executive or law maker is going to touch this. You can see why this is a tough argument to make - The USCIS sees EB1 as better educated and more accomplished on average than EB2 and the same for EB2 over EB3. Are there exceptions to the rule? Ofcourse there are. But the law is designed to solve the most common scenario and not complicated situations like this.
EB3 to EB2 isn't a slam dunk as many of you have correctly pointed out. One option is to move employers and find the right employer who is ready to file for EB2. While that may not work for everyone, it is the only known way out of the EB3 nightmare.
I support measures that will alleviate your pain although this will likely not benefit my personal situation. Visa recapture is a real possibility at the end of this year - I recommend you support IV to accomplish this goal.
more...
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Saralayar
08-25 09:03 PM
Mailed I-485 on July 19th
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
As it starts with Axxx, I think it should be Alien Number.
RD is July 20th
ND is August 17th
Did not file AP or EAD because I was think it may slow down my application, but I was just guess on this beside I don't need to change job or travel.
Guru people, on my notice it says above my Name A094 XXX XXX is this number my GC number?
Thank you
As it starts with Axxx, I think it should be Alien Number.
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wc_user
09-11 12:26 PM
My app was sent to NSC on 7/2 but I-140 approved from TSC. Still no receipts, no checks encashed. Called USCIS, and they asked me to call after 90 days. Any ideas ? Is anyone else in the same boat ?
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anzerraja
07-20 11:06 AM
Shana04,
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
We cannot divert the funds already donated to the core IV funds at this moment(we are working on to see if this can be done). We are only collecting the pledge here to come up with the total.
Hearfelt thanks for your contribution, but it cannot be added as part of this drive (atleast at this moment)
Thanks !!!
My pledge $200.00
Aman,
You are the real hero, no words to express our gratitude. But would definetly say, you are the best.
Order Details - Jul 20, 2007 10:25 AM CDT
Google Order #912004279351454
Please use this order number to pay my contribution towards our hero Aman.
Thanks,
Nagesh
vjkumar
05-23 10:04 AM
hi,
If the Skil bill gets approved in the senate, when is it going to come to effect? Will the Cap increase for this year oct1 2006 to sept 31st 2007. And for the students who have already recieved their OPTs, will their OPT duration increase to 24 month? The bill for doubling of H1bs, is it the same as the SKil bill or a different one? when is that coming to effect?
thank you
If the Skil bill gets approved in the senate, when is it going to come to effect? Will the Cap increase for this year oct1 2006 to sept 31st 2007. And for the students who have already recieved their OPTs, will their OPT duration increase to 24 month? The bill for doubling of H1bs, is it the same as the SKil bill or a different one? when is that coming to effect?
thank you
SGP
11-17 03:39 PM
Done
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