unitednations
08-02 10:47 PM
Thanks for your valuable suggestions UN.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?
Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?
Thanks again. I really appreciate your help.
Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.
From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.
Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.
However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.
If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.
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sledge_hammer
06-25 08:04 AM
I agree with you 100%. These guys here are all getting worked up as if the world will come to an end in 2 years and it is unreasonable to think beyong 2011. A regular investor like us, someone w/ a job, one who saves in the bank, and/or dollar cost averages in a 401(K), should never think short term.
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..
number30
03-26 04:48 PM
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.
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gimme_GC2006
04-13 02:22 PM
OK...an Update..
I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.
duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.
How do I respond? :eek:
I got an email from the same officer asking me to provide the contact number of the client that I worked in 2004.
duh..I dont have one..and that company (actually a Unit of GE) was bought over by a different company.
How do I respond? :eek:
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pappu
07-13 08:28 AM
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
nixstor
11-15 12:25 PM
This guy needs to go. He is a total joke. Where does he put his $$ in? Every one knows he owns stock of most companies that has outsourced jobs to India/other countries. I am sure he has his money everywhere in Cisco/Msoft whom he bashes along with Kim B. Check this page who want to see him go. There are lot of legal immigration folks who are there.
http://www.bluelatinos.org/firelou
Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?
http://www.bluelatinos.org/firelou
Should we be talking to FOX news to get them do a program on how he changes his stand? How many times he brings only one side of the story?
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gc28262
06-07 02:58 PM
Very interesting discussion going on in this thread.
Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?
Appreciate your feedback.
Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?
Appreciate your feedback.
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Refugee_New
01-06 12:45 PM
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
Why do you want to end this discussion? Are you scared of speaking the truth or you don't care the killing of innocent school kids?
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shantanup
03-25 08:55 AM
The main reason that I can't get behind lifting of the country quota is exactly this reason. You have a lot of companies run by the same nationality who will only recruit their own people. The staffing companies don't advertise in Indonesia, Germany, Brazil, etc. They only go after their own people. The whole monopolization of visas was used to prevent this type of behaviour.
Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.
Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.
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satishku_2000
05-16 10:40 PM
Is this bill in the senate committee or scheduled for voting sometime?
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unitednations
03-26 06:11 PM
Oops, I just saw UN's reply. His answer is more specific than mine, and mine is based on anecdotal evidence so please go with what he says since his is based on personal experience.
UN, Thank you for following up on my question on the Baltimore case.
here is the link.
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
UN, Thank you for following up on my question on the Baltimore case.
here is the link.
Becausing of uploading issue: follow this link.
http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp
from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.
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JunRN
09-26 08:03 PM
Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.
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Macaca
05-16 07:45 PM
Some paras from Latino Groups Play Key Role on Hill (http://www.washingtonpost.com/wp-dyn/content/article/2007/05/15/AR2007051502022.html) -- Virtual Veto Power in Immigration Debate By Krissah Williams and Jonathan Weisman (http://projects.washingtonpost.com/staff/email/krissah+williams+and+jonathan+weisman/), Washington Post Staff Writers, Wednesday, May 16, 2007
After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.
"There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."
Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.
Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.
Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.
LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.
The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.
The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.
"At least they are paying attention to us," said MALDEF President John Trasvi�a.
The groups have also made it clear to Republicans that they are willing to press hard this year.
"Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.
Membership + Funding + Lobbying + Patience = Chance of Success
Anything else = Absolute failure
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.
After laboring in obscurity for decades, groups such as the National Council of La Raza, the Mexican American Legal Defense and Educational Fund, and the National Immigration Forum are virtually being granted veto power over perhaps the biggest domestic issue coming before Congress this year. Organizations that represent what is now the nation's largest minority group are beginning to achieve power commensurate with their numbers.
"There's a real sense that the Latino community is key to the solution in this debate, so now they are reaching out to us more than ever," said Eric Gutierrez, lead lobbyist for the Mexican American Legal Defense and Educational Fund, or MALDEF. "Neither party wants to make a misstep politically."
Such groups were practically in the room yesterday, maintaining contact as Democratic and Republican senators tried to hammer out a new immigration bill before a deadline set by Senate Majority Leader Harry M. Reid (D-Nev.) for today before he moved it last night to Monday. The contours began to emerge for a bill that would couple a tightening of border controls with a guest-worker program and new avenues for an estimated 12 million undocumented workers to work legally.
Latino organizations know well that they have muscle to flex. A bill passed by the House last year that would have made illegal immigration a felony drove millions of Latinos into the streets in cities across the country last spring.
Today, U.S. citizens of Latino descent, having eclipsed African Americans as the nation's largest minority, are far more organized and politically active. "We're not going to let them screw it up," said Brent A. Wilkes, LULAC's national executive director.
LULAC, MALDEF, La Raza and the National Immigration Forum are part of a broad network of immigrant rights groups that hold nightly conference calls and strategy sessions on the legislation. The groups speak daily with top aides in Reid's and Kennedy's offices.
The White House, well aware that immigration may offer President Bush his last best chance at a major domestic achievement for his second term, has worked hard to keep the groups on board, even as Bush has shifted to the right with a new plan that is tougher than the proposals he embraced last year.
The White House held a meeting 2 1/2 weeks ago with Latino advocates, labor unions and civil rights organizations in which an adviser outlined an administration's policy based on increased border security and a temporary-worker program. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez have also met with some of the groups.
"At least they are paying attention to us," said MALDEF President John Trasvi�a.
The groups have also made it clear to Republicans that they are willing to press hard this year.
"Power is not handed over. To get your place at the table, you have to fight for it," Wilkes said.
Membership + Funding + Lobbying + Patience = Chance of Success
Anything else = Absolute failure
Most people struggle with life balance simply because they haven't paid the price to decide what is really important to them.
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xyzgc
12-27 12:25 AM
So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.
But surely you are well-aware that they have done it in the past and now its all back firing!
The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.
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senthil1
07-14 05:36 PM
If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
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punjabi
08-05 01:50 PM
A doctor had just finished a physical well-check session with one of his patients, when he realized he got a bit carried away with the procedure. He was resting afterwards and was feeling a bit guilty because he thought it wasn't really ethical to do it with one of his patients. However, a little voice in his head said "Lots of other doctors have done it with their patients so its not like you're the first". This made the doctor feel a little bit better until still another voice in his head said, " but they probably weren't veterinarians".
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smidreb
01-08 12:39 PM
You are furious about Mumbai tread?. Mumbai is heart of every Indian. Kashmir is our head. We cannot sit idle and tolerate our heart bleed.
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
If you offended by mention about Mumbai and terrorist, I am sorry.
Anger about the terrorist and their supporters in the name of religion.
See the previous posts have links in you tube, and find out the way the kids are trained for hatred.
dealsnet,
I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
PLEASE Stop making assumptions,Dude.
As Bfadila said, you have serious language comprehension issues....
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gc_aspirant_prasad
09-26 10:02 AM
I dont consider myself pessimist just a realist. Take a long hard ( cold) look at the facts, try to read in between the lines you will end up being concerned & discouraged just like Chanduv23 and some others on the forum.
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
If they really wanted to post a sign of encouragement, they would talk about STEM perhaps ?
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delax
07-14 10:43 PM
if people have to debate this issue, surely we can do it without needless slander and accusations?
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Paskal,
Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.
However here is some food for thought for the mods and the community at large:
1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
2. If not, then the implication in the letter is that IV is doing so based on the logo used.
3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
4. There is a request to allocate numbers to EB3 based on length of wait.
5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.
If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.
I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers
i agree with GC applicant, words like that do not sound right and have no place here please.
btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.
i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.
Paskal,
Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.
However here is some food for thought for the mods and the community at large:
1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
2. If not, then the implication in the letter is that IV is doing so based on the logo used.
3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
4. There is a request to allocate numbers to EB3 based on length of wait.
5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.
If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.
I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers
axp817
03-26 05:50 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
akred
04-07 01:35 PM
Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
What are you talking about?
I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.
http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
http://www.ieeeusa.org/policy/positions/researchcredit.html
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