Friday, June 10, 2011

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  • PD073102VA
    03-19 10:49 PM
    stucklabor,

    I hope you are right and I am wrong. So, "special handling"
    cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?

    If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.

    Thanks for clarifying.

    Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.

    Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.

    An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.

    Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.




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  • Hermione
    10-01 01:27 PM
    No, it isn't NC and NC alone. The percentage of people that get stuck in NC is minuscule compared to the back log due to inefficiencies.

    You can believe what you like, you can chose to in 1 breath quote from the Ombudsman report and then in the next, ignore what it states.

    The fact remains, the USCIS is very far from effcient

    I really do not know how you got to this conclusion. Everybody I know either are 1) stuck due to retro 2) stuck due to NC 3) approved within a reasonable period of time.




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  • BharatPremi
    09-20 12:34 PM
    Hello guys!

    I wanted to volunteer a thought that had been in my head, so I am basically thinking out loud here for a bit, just throwing this out there for your guidance, tell me if you think this is too aggressive, or even premature?

    I think we need another rally before the end of the year. There are 2 reasons:

    1- Presidential campaigns: After this Fall, presidential campaigns will be in full swing, and thus commanding all the attention of Congress, the media and the American public.

    2- Memory: People's memories are short. Now that we have the attention of the media and Capitol Hill, wouldn't it make sense that this is the time to redouble our efforts and push harder? If we wait, the iron might just cool off.

    Having said that, and as we know, a rally means a lot of money, a lot of work, a lot of dedication to organize. Yet, no one said our struggle was easy, and other people and groups who have gone through tough struggles have had to go through extraordinary lengths to achieve their goals.

    So, if we were to hypothetically hold a second rally this Fall, we could go for the "low-hanging fruit", i.e. we can hold the rally where the most of us live, such as Silicon Valley (and we know those folks really come through), we can plan to reach attendance to this event in the tens of thousands. I know we might not have enough time, and the people who worked so hard on the DC rally are probably exhausted. But, what if we just focus on an area where there are a LOT of us, and do a "no-frills" rally? Just get the police permits and show up. Our numbers will do the rest.


    I would give some days to Attendees and particularly to IV core team to analyze the rally events, meetings in their entirty and come up with the conclusions mainly for 3 things. And I request everybody to funnel data to core team centrally and the same way conclusion and future action list funnelled to members.

    - What we could REALLY achieve
    - How loud we could be heard
    - Any potential and positive impact in near future?
    - Based on all of above making near future strategy

    Note: One thing I want to bring everybody's attention that from November Elections will slowly be given priority by every media and so we may have to come up with careful strategy not having any conflict with election realted major events.




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  • arunmurthy
    09-29 10:31 PM
    I bought my own private jet and I travel in that only. On top of it , to keep an eye on my own private jet's schedule(which flies only for me) I got website developed as well.

    Also, I got 5 strippers (sorry air hostess) to entertain me during the flight. Guys if you want to fly in my Private jet and avail all the facilities on board please call my dreamland office and speak to Ms. Fantasy and book up a ticket to neverland.

    Adios

    Guys like you are a disgrace.
    When a serious discussion is going on, do you really have to post??
    Just shut up and donate to IV by selling your jet!



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  • vdlrao
    07-14 11:13 AM
    So far there have been around 100k approvals in EB3 category out of about 170k (unused family visas made available to emploment based category) approvals in employment based category. Out of that EB2 approvals are around 50k only. Now the scenario would be like 100k approvals in EB2 and out of that 50k would be exclusively for EB2 India, leaving very little share to china. Now you could presume how fast EB2 runs.




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  • Sachin_Stock
    06-12 07:51 PM
    I am an EB-3 I and I do agree with lots of Eb-2 folks over here. Eb-3 folks can contemplate of moving on and apply fresh labor/140 and port to Eb2.

    Nobody can stop you from getting your stuff straightened up.



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  • piperwarrior
    07-17 09:56 PM
    I hope you understand that Bigtime's post was thickly laced with sarcasm.

    I admire your courage to stand up and apologise. I wish you all the best, and I hope they lift the ban. You are the type of people we need. Be positive, there is a line for green cards and I didn't know people can jump the line. I need to concurrently file so I can get an EAD. I've been sitting at home for several years as a dependent. And after that I will stand in line with the rest for a green card. All the best and I hope to see you again. Pls don't make this your last posting




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  • FinalGC
    07-07 01:03 PM
    Please be considerate to your good employer and good attorney of yours. You do not want to burn bridges, when you leave. Give them at least 2-3 weeks notice. That is the least or at least work with them for 6 months since that is what the law would require you after getting GC.



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  • bigboy007
    02-11 01:31 PM
    Friends Please dont jump on me as i make these comments. I am doing my best to convince ppl as i see across to Join IV and contribute to our efforts. But i also think that every state chapter should allocate some members who only concentrate on grass root efforts but nothing else to track how many memberships and etc and those should co-ordinate with every state to see how much they can target and how much did they reach. I know this might have been thought by some others but just what i am thinking ?

    I will do 50+ from my side over the weekend , sorry shadowing till now will post exact as i mail all these. I will try to pump up as much as i can .




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  • snathan
    07-22 02:50 PM
    Look at the unity in our diversity...for a moment while reading some of the comments I forgot I was in the US and looking at an supposedly elite forum...Bravo!! Keep it up Indians (Tamilians, Gujaratis, Marathis, Bengalis, Biharis, etc..)

    One more thing, if you are upset with a person who misbehaved with you (in this case, rudely told you he didn't know any language other than Hindi), then logic tells me I should be upset with that person and not the reason (in this case, language) itself.

    I belong to a Hindi speaking part of India, and I have lived in Pune, Bangalore, and Hyderabad. I've had people tell me very rudely to talk in the native languages of these areas and I've tried, sometimes successfully and sometimes, not so much. The rudeness of a few members of the community never led me to form a general opinion. I've very close friends from all over India.

    It is my opinion that one should try to learn the local language. It bodes well for everybody and makes life easier. As matured people that we are, I think this is a very trivial issue to fight among ourselves or get emotional.

    I never knew Hindi is a local language in US:D Moreover I dont have anything against Hindi or any other language. Its the personal experience with people on more than one occasion.



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  • eers
    07-23 02:56 PM
    rvreddy law firm based in Houston, TX has been very prompt and good. They did a great job on my H1 transfer, labor, I-140, I-485. I recommend them

    www.rvreddy.com

    Thanks,
    Raju

    I am not with rv reddy firm, but i heard good things about the extend he went to file 485s by July 2nd.. 2 of my colleauges goes through him. I was very impressed by the proactive emails he sent out during the july fiasco, updating his client on how cases will be handled.




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  • needhelp!
    02-18 12:17 PM
    ~ The count stands at 2606 ~



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  • tikka
    06-13 07:35 PM
    for posting the congrats sign on the main page!!

    You folks are the best




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  • acecupid
    06-16 02:44 PM
    Dear Folks, I have a question:
    For example, if someone's Advance Parole document validity is terminating on (say for ex), July 16, 2009, then, should the person apply for renewing his/her application prior to July 16, 2009? In other words, should a person's application to renew his/her AP document be made prior to the termination of the current one, OR, could this application for renewal be made after the current AP document's validity expires (in this case after July 16, 2009)? Thanks a lot, friends.

    USCIS accepts AP renewal applications 120 days in advance of expiring AP. The normal processing time for AP is approx 1-2 months (usually it is about a month). Keep in mind that the new AP which is issued will have an immediate effective date from the date of issue and the start date will not be from the expiry date of old AP. So in most cases you will end up losing some days or even months. If you do not forsee any immediate need to travel you should wait till 30-40 days prior to old AP expiry and then apply. If your travel plans are unknown and you may have to travel if an urgent situation arises, then you should apply 120-90 days in advance to make sure you have AP validity at all times. You will obviously lose some days or months... but then who says everything that USCIS does is fair :)



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  • austingc
    05-18 10:24 AM
    Last night I emailed to Texas senators and congressman and received response from all of them.




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  • yabadaba
    11-08 12:58 PM
    can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?

    who is he to keep us flowing in the right direction?



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  • BornConfused
    07-03 04:13 PM
    Never mind.. your name suits you...

    I am stressing on July 2 as the date due to the new bulletin... Anyway, dont bother replying..

    Pay attention more to something when you read and ask your questions better (or at least elaborate before you reply with something like the above gem). And, since I suspect this is part of the problem look up "hypothetical". The correct term should have been "on or after July 2" not "after July 2". I didn't bother to sit there and make sure it was perfectly clear since I assumed readers would get it. Obviously, some are slow:D Peace




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  • Jim77
    09-18 10:31 AM
    Prince_Charming -

    My case was similar as yours. USCIS just sent a Denial on my 485 without sending a NOID in May. If 180 days have been passed on your 140 approval, then you are safe. If your employer revoked your 140 within 180 days, then you have a problem. Normally desi employers revoke 140 because of Ability to Pay issue etc. especially when you move to a different company. Good thing is that you still have your H-1 to fall back on.

    Anyways, My case was reopened within 2-3 weeks after we filed MTR and got a copy of the decision. Filed EAD and AP renewal this July.Got EAD and turns out they denied my AP based on the previous 485 denial in May and didnt even look that they have reopened my case in June. So fighting with USCIS Nebraska center on that right now ! Too infopass and the Immigration Officer is supposed get the information corrected on my file and get my file reopened for AP. Really dont think they look into their own notes or paper work even when issuing denials.

    Feel free to PM me if you need more information.

    Thanks,
    ***
    EB2-IN ( Sep 2004)




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  • stucklabor
    03-19 05:53 PM
    PD, I don't agree with the phrasing of the new Labor Cert clause. That is not how I read Frist's bill. Did you make up the new labor cert clause yourself?


    Will advanced degree holder need labor certification?

    I think they will. Here is how the new labor certification clause will read:



    So labor certification is required for advanced degree holder in STEM with 3 years of US experience prior to applying will be treated as special a case.

    Also, this clause says that the degree has to be from a US university. I think Attorney Mathew Oh is wrong in saying that graduate degree holders in STEM from foreign universities can apply too.




    vshar
    05-27 09:54 AM
    Contributed $100. Thanks and wish you folks all the best for your upcoming advocacy event.




    rajuram
    11-25 03:54 PM
    Lets start with #4, may be a snail mail letter campaign?

    Excellent thinking. :)

    What should be done to make this happen? Any suggestions? ;)



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