ArkBird
09-04 05:09 PM
You are 100% right but no one thought their Labor/GC pain will last THIS long. The most unfortunate/unlucky part in this whole journey was 245(i) amnesty in 2001. This is a tsunami which choked the labor pipe (Remember the good old days of Backlog Reduction Center and quest for that elusive screen shot from the BRC for case? :) ) & imbalanced the demand/supply equilibrium for EB3. This is the reason the variable of priority date became constant and stuck to 2001..
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
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chisinau
07-22 02:09 PM
Agree with you, tinamatthew, regarding H1C visa, but my emploier does not want to waist his time for this, the chanses are too slim to get one of 500 H1C..., so I decided not to mention about it.
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
Maybe.... , the july victory might help, I just hope they will approve my DS230 this time, because previous DS230 was out of date, and they asked to submit it again.
But it is only one case, other nurses are still in the long process with CGFNS, and VisaScreen, then I140, with the huge backlog in the Visa Center , and so on...I am not against all these procedures, I believe it is a necessity, but the long immigration process for nurses is neither fair nor correct from healthcare and economic point of view.
So I believe for the majority of foreign nurses the July VB is not helpful in anyway.
Schedule A is our only option!
pa_arora
06-10 05:22 PM
When do you think would EB2-I hit Feb 2005? Before this year end?
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
sri1309
08-14 02:06 PM
Sree,
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
Headless chicken.. You called me headless chicken .. how dare you.. :)
Just kidding.. You are perfectly right.. Thats the right word and I have said the same even in my first post here. I would request again somebody from IV admin group to take the lead and gather all EB3 to one forum to make a difference. I see atleast 4-5 threads here with same topic.
I would suggest the campaign can have "Visa number recapture, immediate greencard for anyone more than 5 years legally in the US, make all cases current, but apply the quotas at H1 or F1 levels and no limits at GC level. I have many ideas,. but we all must come together and ask just a couple of things or one (recapture) and fight for it. We can do other things too, but a flower campaign will not hurt. IN the worst case it will not make any effect.
We can always send cards which is much easier than flower..
Please come up with something and we can make some progress. Assuming OCt bulletin is coming out on Sep 10th, we have just 26 days to make any difference. That too it must reach them way in advance to effect any change. Lets set a deadline of Aug 25th and do it..
Sri.
more...
jonty_11
05-01 02:31 PM
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
IV is our best chance...Lets hope the bills Iv is pushing get some floor time. I will again say that as difficult and impossible as it may sound (given election yr n'all) IV is the only entity that we can pin our hopes on.
m306m
03-18 09:31 AM
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
So if one has ssn other has ITIN you are not qualified.
The stimulus package is $600 for each member who has an SSN. Therefore if both you and your wife had an SSN you would get $1200. In the case where one spouse has an ITIN, the remaining spouse still is eligible for the $600. As mentioned in this post earlier you can always file 1040X one you receive the SSN for your spouse and claim the additional $600.
more...
Milind123
09-15 06:10 PM
Was working today. Did not see much activity here.
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
So this is for you (I still don't know your name) to motivate others to finish the round.
$100 Order Details - Sep 15, 2007 6:29 PM EDT Google Order #442463248310024
baleraosreedhar
09-12 02:48 PM
Instead of sending Pen,clock and flowers on 1 day , for a big impact lets send it for continously for 5 days starting on Sept 29 monday and ending on Oct 3 friday.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
This way atleast Main Stream media will hear our woes and help in getting the message to the right parties.
more...
Libra
09-12 12:54 PM
thank you ska_iit
vkannan
02-23 08:27 PM
Lost Until Death!
~GCA
:) Good one Buddy
~GCA
:) Good one Buddy
more...
reddymjm
02-23 04:32 PM
What is LUD
Last updated date
Last updated date
Napoleon
03-10 09:38 PM
Question #3 and #4 should conclude this discussion.
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
Also how do you define an established company.
If I stay employed for 2-3 yrs on my spouse's LLC and bring 200K each year, is that established?
From the above paragraph (quoted on Murthy site), it seems that it would be very much possible to just get self-employed (of course job description should be same and legal).
But here are the Questions:
1). How will USCIS be convinced that the original job offer was really the intended employment at the time the I-140 and I-485 were filed??
2). How do you prove to USCIS that the original job offer was something that you intended to take on getting your GC?
From the below excerpt (same Murthy site and part of above doc)
Ability of New Sponsor to Pay
m
The Memo clarifies that there should not be requests for "ability to pay" proof from the new sponsor as part of the I-140 approval process. However, the Memo does state that it would be appropriate to check the legitimacy of the new employer and the job offer in connection with the I-485 approval. So, the new employer may have to show financial viability and prove that there is a valid job offer in order for the foreign national employee and any family members to obtain the I-485 approval.
Questions:
3).Doesn�t the above mean that USCIS will still check to see if your (lets say) spouse�s company or start-up company has the ability to pay you?
4). So, even though USCIS is saying �Yes� to self employment, will they (excerpt from mandersons musings)
�..ask for 2 yrs of tax filings of future employer to prove that it's an established company (although they are not supposed to bring up 'ability to pay' issue which is already covered in approved 140 -- but being USCIS anything goes...)???
more...
leoindiano
03-25 09:08 AM
Geogia comes under Philadelphia backlog center
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
gsc999
09-11 06:36 PM
Seeing ur quote I remember another quote..
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
Though What I am going to tell is not in the context of D.C.Rally
Late Indian Prime Minister P.V.Narasimha Rao has a great quote, which he often quoted to reporters at interviews, where he was silent on many burning issues of his time and later used to say
"Not taking a decision also a decision."
----
Please stop analyzing. This is a decisive moment. Join the DC rally!
more...
deardar
09-14 08:33 AM
Thank you IV for all your work.
Here is a small contribution of $100 for the rally.
Google Order #953612264434952
Thank you guys!
Thanks Claudia- I have noted it for our records-
Here is a small contribution of $100 for the rally.
Google Order #953612264434952
Thank you guys!
Thanks Claudia- I have noted it for our records-
zoooom
07-14 07:10 PM
^^^
more...
asharda
09-09 03:42 PM
My 1 cent (percent) towards 30K --- $300/-
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
Go IV. All the best for your effort. Sorry I will be out of country and can't make it but I will be watching closely.
Best wishes
Google Order #829616371917763
desi3933
09-15 11:49 AM
Mujhe to aam kahne se matlab hai... (As long as the visas are available, I don't care):D
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
I am with you and willing to share the cost.
Good Luck.
Abhi to saare aam khatam ho gaye hai.
(Translation - Right now all the visa numbers are gone for your PD).
deba
09-09 12:50 PM
Contributed $300 for rally. Go IV!
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
pd_recapturing
10-17 10:17 AM
As I said before, I am willing to spend time (and of course money) to go and talk to anyone who can help us in this regard. Though, I am not in this situation but who knows. Guys, pls come forward and participate in this very very imp campaign.
gccube
07-19 03:29 PM
You forgot that there were another 150,000 applications in this example with RD prior to PersonB and it is very likely that many of them could have the PD of April, 2003. Therefore, PersonB will still not get it even though he/she has an older Priority date!!
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
I think that after this stampede of application filings in June/July/August, USCIS needs to sort them by PD first otherwise people with older priority dates will suffer simply due to the volume of applications filed!!
If a person with PD 2003 May applies for AOS only in Oct 2007. If the above said statement is true then when are they going to work on this new application they got. If they are not going to work on it until the RD becomes current why are they even accepting the case.
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