jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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gcisadawg
03-06 06:22 PM
I find the second proposal very reasonable. If anyone is waiting for more than 5 years, then make that person exempt from country quota.
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
I'm not saying this because I've already waited five years. It makes sense to flush out oldest PD in the system. This would give people an idea about the wait time.
I'm fine even it is made to say, 6 or 7 years......We just need to know what to expect and how long to wait rather than being subjected to the whims and fancies of politicians and vagaries of the economic boom and bust!
Whether, it is 5,6 or 7 years can be debated but a reasonable time frame would really help.
When the spill over happened based on PD, it was doing exactly that; the oldest applicants ( who were typically EB3 I/C) were flushed out of the system.
When the criteria got changed (fEB category first and then PD), the applicants with oldest PDs were made to wait even longer.
I dont expect a GC before 2010. That would make about 8 years with multiple boom and bust. When the economy is bad, we need to be free to look for other jobs. With the shackle of visa sponsorship, one would easily become a viction of a recession.
I know few of my friend who went back in 2001 - 2002. I was fortunate to survive then....Not sure what is in store now......
-G
gcwait2007
02-04 09:05 AM
Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!
Good Luck to everybody!!
What one needs in life is happiness in heart, sense of having lived the life in a satisfied way and contentment.
Living in USA really does not matter, as long as you are able to achieve them in any place.
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transpass
08-23 04:12 PM
Can you please let us know the long list of Do's and Dont's..That would provide a lot of info...
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Thanks
Dos and Don'ts after getting the GC? If so, there is already a thread, the link for which is....
http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
more...
SDdesi
02-14 09:54 PM
Contributed $100 (6J641736D3197961L)
gc28262
07-20 10:17 PM
Dear EB2 guys,
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
This thread was started by one EB3 guy to discuss about EB3 plight. If you don't want to constructively ( including criticism ) participate in the discussion, can't you at least stay away from this thread ?
Why do men go after a pretty girl? shouldn't the ugly one get attention as much attention?
Men don't realize that make up is the magic that makes these ugly ones look pretty. :D
Why does your boss make more money than you?
Because boss takes credit for all your hard work.
Why Katrina Kaif is sought after not Nandita Das?
I beg to differ. I prefer Nandita Das over Katrina. Nandita is more brains with reasonable beauty.
Why does a person with a 770 credit score get lower interest?
In America people having more debt has better credit history. In our country it would be considered stupid to give credit to a man in debt.
more...
desi3933
07-10 12:24 AM
@desi3933:
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."
2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.
3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.
4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).
5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.
6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?
I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".
1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.
2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140
If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:
The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.
If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
3. See point 2.
4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.
5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)
____________________
Not a legal advice.
2010 Julia Roberts
abq_gc
08-29 11:18 AM
Totally agree with you. Its so unfair for people who are waiting for a loooooog time. And suddenly find themselves as being left out.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
Yup, there are a lot more with PD's in 2006 who got their GC then what's evident in the forums. Most of them have like 3 posts on the forum, and Lo and behold.. the only time they wanna post something it's the news about their GC approval.... STINKS!!
Sending Letters and Lobbying is a good idea.. I support anything which will draw media attention to this scam.... just want USCIS to be exposed.. maybe even lure an honest journalist ( TIMES Magazine or Fortune ) to do an editorial about the wrong policies of USCIS.
I would say that they will be interested, as they love exposing Govt agencies in general.
To all you folks against the lawsuit, how does this idea sound ?
If anyone has a better idea, I am willing to listen.
We came to know only few of the once who have posted in other forums that they got GC with PD as fresh as Jan2007, and they posted it in the forum because they were afraid if their GCs would ever be reverted....
So, I think there are probably a lot more out there who might have got the GC and are keeping it quite, so that they don't stir up the folks who are waiting so patiently (which of course is weaning thin by the day!!).
Totally unfair, unjustified.
Maybe we should..........
1) Send letters to USCIS, highlighting the plight of those waiting patiently and folks who joined recently got the GC. Send anonymous letters if you fear of being put under the scanner.
2) All the IT folks who are here in the US are probably in the higher 10% bracket. Maybe we all should collectively hire a lobby group in Washington. That's the only solution, it works well.
Thats all I can think of right now....
Yup, there are a lot more with PD's in 2006 who got their GC then what's evident in the forums. Most of them have like 3 posts on the forum, and Lo and behold.. the only time they wanna post something it's the news about their GC approval.... STINKS!!
Sending Letters and Lobbying is a good idea.. I support anything which will draw media attention to this scam.... just want USCIS to be exposed.. maybe even lure an honest journalist ( TIMES Magazine or Fortune ) to do an editorial about the wrong policies of USCIS.
I would say that they will be interested, as they love exposing Govt agencies in general.
To all you folks against the lawsuit, how does this idea sound ?
If anyone has a better idea, I am willing to listen.
more...
pvpb
09-26 02:51 PM
Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.
Venkat
Venkat
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kg318
04-22 05:13 PM
As far as I know this is a genuine company and not a typical small desi company.
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.
As far as experience letter, they have to give it.
Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.
i haven't signed anything related to GC filing. even it came as a surprise to me that the company is making such a big fuss for the matter of $4000. And recently came to know that its not just me but there are several other consultants being harassed by them upon leaving the company. Even after years of working with them, they still want to have them hooked and are depriving the cosultants of better living. how justified is that????
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.
As far as experience letter, they have to give it.
Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.
i haven't signed anything related to GC filing. even it came as a surprise to me that the company is making such a big fuss for the matter of $4000. And recently came to know that its not just me but there are several other consultants being harassed by them upon leaving the company. Even after years of working with them, they still want to have them hooked and are depriving the cosultants of better living. how justified is that????
more...
reddymjm
05-01 09:49 AM
Will try to get 20 more from my colleagues.
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eb3India
04-20 03:31 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
more...
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InTheMoment
06-17 10:56 AM
Pure unadulterated wishful thinking... if I may !
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nk2006
10-05 12:28 PM
On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
more...
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spulavarthi
09-03 04:19 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
sk2006,
Can you provide more details about you PD, RD, ND, category and did you see any soft LUDs before you received your cards in the mail?
Srini.
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amitjoey
07-09 07:22 PM
Amit,
Can you post the template of the email you are sending to the reporters.
- AA
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
Can you post the template of the email you are sending to the reporters.
- AA
Flowers to Convey Hopes and Concerns of Skilled, Legal Immigrants
July 9, 2007
What
Hundreds of legal, highly-skilled workers, who feel disappointed by the recent "flip-flop" enacted by the Department of State (DoS) and the United States Citizenship and Immigration Service (USCIS), with regards to eliminating the Green-Card processing delays, plan to send flowers to the USCIS Director, Emilio Gonzalez as a part of a symbolic and peaceful protest.
Where
The flowers are scheduled to be delivered to his office at 20 Massachusetts Avenue, NW Washington D.C. through various flower vendors.
When
July 10th, 2007.
Why
With this effort, they hope to create awareness about their predicament and express their anguish and frustration at the reversal and the lack of action from the Government. These are the highly skilled workers who have been driving the innovation in the US for many decades and have been living in this country legally and yet, they feel that their issues, concerns and contributions to the economy have largely gone unnoticed.
There are 140,000 Green cards allocated for highly-skilled workers and their dependents in a fiscal year (unused visas may not be rolled over to the next year). However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists, MBAs and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
On June 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007. Following this announcement, most of these future Americans and their sponsoring businesses, began a scramble to compile the documents and complete medical examinations required for their applications. After overcoming several hurdles and enduring hardships, these applicants eagerly waited for July 2, 2007 to send out their applications to the USCIS. However, to their dismay, the DoS, in an unprecedented move, issued an addendum to the visa bulletin, on the very day that the USCIS should have begun accepting their applications, stating that all available visa numbers for the current fiscal year had been used up and that no new applications would be accepted.
This sudden reversal has resulted in emotional distress and financial losses for these individuals and businesses.
Now, these highly-skilled professionals have decided to call attention to the "broken" immigration system in the U.S. for legal immigrants, by sending flowers to the USCIS Director, Emilio Gonzalez. They request that the USCIS honor the original visa bulletin and accept applications received through the month of July. In addition, they hope to encourage the U.S. Government to create more fool-proof immigration policies for the forthcoming year or at the least pass a legislation allowing the continual use of unused employment-based immigrant visa numbers from previous years.
Dilip Tekkedil who came to the US in 1998 for graduate studies and is still waiting for his green card hopes to send a simple message with this campaign – “fix the system”, he says. On various online discussion forums, most skilled, legal immigrants want to send this message to USCIS and more broadly to the US lawmakers – “I understand that your agency does all it can to do the best job. I hope you empathize with a legal immigrant's frustration. A small token of peaceful symbolic act and hoping for the best.”
Media Contact: This symbolic protest largely grew out of grassroots discussion on various forums on the website hosted by the group Immigration Voice. Some volunteers who work with Immigration Voice have been loosely directing this event.
References:
This article on the South Asian Journalist Association's forum explains the issues facing skilled, legal professionals in the US.
Media coverage
The Wall Street Journal: Reversal Frustrates Green-Card Applicants by MIRIAM JORDAN. July 5, 2007; Page A2
The New York Times: Suit Planned Over Visas for the Highly Skilled by JULIA PRESTON. July 6, 2007
The Times Of India: Green Card Hopefuls Resort to Gandhigiri in US by Chidanand Rajghatta. July 7, 2007
The New York Times: Immigration Malpractice. July 7, 2007
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chanduv23
07-09 09:12 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
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sam_hoosier
12-16 01:40 PM
As much as all of us on this board would like to get our GCs, remember that GC is just a means to an end, it is not the end itself. Dont make the GC so important that not getting it starts "depressing" you.
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
Focus on the positives - the years that you have spent in the US have given you great experiences, some savings (hopefully:)), better perspective on life etc. Wherever you live, you can put these things to good use.
So chill out ! Getting depressed is not going to get you your GC faster.;)
P.S. I voluntarily dumped my 2003 PD to take up a new job & now I have a Dec 2006 PD. I have bought a house (and also sold one). I do not plan to allow GC to dictate my life.....
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simple1
05-04 11:24 PM
wow its pouring reds and uncivilised comments for pointing out this. Ok. well i am going to continue anyway!.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
That is not me.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=setDoc&doc_keytype=tocid&doc_key=2dae084742aac42ac9134cc4466287e7[/url]
(d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status = denied, paroled etc.
same order of consideration=Priority date which depends on petition for both primary and derivative.
I agree with the above two.
"respective subsection:" here means derivative�s corresponding/respective subsection (family) not primary's or petition's. It is the situation of individual that matters not primary or petition.
Take time to read (b) Preference Allocation for Employment-Based Immigrants.
You will find that the eligibility for EBvisa and quota usage are clearly documented. None other than the primary can use the quota. The ebdependent cannot get an ebvisa. so ebdependent cannot use ebquota.
neverbefore
08-30 02:52 PM
My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.
Great news. Congratulations
Great news. Congratulations
arc
11-21 05:32 PM
Mehul
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
I resonate the feelings of all on this forum, God bless you and your family, these are some thoughts coming to my mind... all might not be feasible in your case so take what you think might help the current situation and make an informed decision.
- Find an "good" immigration lawyer, most immigration lawyers are very community minded, they might also help you without any fees.
- There is a huge fiji community in US I am talking about well established business people (especially in automobile industry) who can help in applying a H1 visa for your wife as a backup and also meet local politicians, and take an infopass appointment to know what really happens to such cases like yours.
- Since you are a Indian Citizen you can go to India for a second opinion if you prefer to, there are great Doctors who studied in US and went back to start their own clinics. Canada is another country who gives free health care and have a shorter immigration process.
- Life in India will also be less expensive if you decide to live there with your savings of 8 years, you might want to look into India's policy on Fiji citizen immigration if your wife/children are Fiji citizens.
- I am sure you must have looked into cancer survivor stories, stem cell research, marrow transplant, blood transfusion and treatment options.
- Last but not least, concentrate on getting better - fight back, also look into your life insurance options, property papers and write a Will.
God Bless you from what i can understand you are a fighter dealing with health issues, Fiji immigration issues and US immigration issues I am sure you will post a message here at a later date that how you survived and this whole thing will be just a bad episode in your life which came and went away.
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