gcnotfiledyet
05-29 05:10 PM
Sparky I had same experience in 2003 only my next flight was after 24 hours. They refused to accommodate me in a hotel or on another flight though they had sense to issue me a calling card for 10 euros and a meal coupon. I have never flow AF since that day (even if their tickets are cheaper) and neither has any of my friends or family member. Every time I hear somebody is planning to fly to India, I tell them my story and trust me nobody I know has flow with AF since 2003.
I have never flown with them. I always prefer AA and Continental direct flight. Nobody I know have ever flown with AF and now I will make sure nobody ever does.
I hope media in India makes a very big deal out of this issue. They will learn their lesson.
I have never flown with them. I always prefer AA and Continental direct flight. Nobody I know have ever flown with AF and now I will make sure nobody ever does.
I hope media in India makes a very big deal out of this issue. They will learn their lesson.
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baburob2
06-14 02:39 AM
thanks a bunch IV.
a_yaja
06-26 02:27 PM
Nope. Need 60 votes to do anything in Senate and that is why even though the Dems have a so called majority then cant get anything done.
However, you need 60 votes to end a fillibuster. A fillibuster is the method used by senators to stall a bill. They will force debate to continue indefinitely. To overcome the forced debate, you need 60 votes (which is what the cloture motion is).
To pass the bill, only 51 votes are needed. If there is a tie (50-50 or 49-49 or any valid combination), the the Vice President casts his vote to break the tie (and we all know on which side the VP is on)
However, you need 60 votes to end a fillibuster. A fillibuster is the method used by senators to stall a bill. They will force debate to continue indefinitely. To overcome the forced debate, you need 60 votes (which is what the cloture motion is).
To pass the bill, only 51 votes are needed. If there is a tie (50-50 or 49-49 or any valid combination), the the Vice President casts his vote to break the tie (and we all know on which side the VP is on)
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walking_dude
10-19 01:42 PM
Thanks to Logiclife for Linking to us from the Homepage of IV. A rare honor bestowed for the very first time to a fledgling state chapter. MI chapter shall forever be grateful!
Goes to show the importance of State Chapters to the IV Core and the IV strategy. And the kind of support we get from IV core to our activities.
Goes to show the importance of State Chapters to the IV Core and the IV strategy. And the kind of support we get from IV core to our activities.
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Hermione
09-25 01:06 PM
When will EB3 ROW become current, or current for YOU? The answer would be different depending on your exact question.
Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years
There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
Without administrative and legislative changes, the answer to number one is "a very long time" and I think I'd be safe to say that is a conservative estimate. For the record, I'm also EB3 ROW, with a PD of early 2004. I would say that would be current in 3 or 4 years
There are roughly 200 countries in the world. It is very simple maths to figure out that 200 * 9800 (the 7% limit per country) = about 1,960,000. Its pretty obvious that this is much more than the limit of 140,000 total per annum.. and you begin to see why there is a problem. Sure - each country has a 7% theroetical limit, but not EVERY country will use that in a year. Of ROW countries, UK is pretty close to its 7% per year. Others, like Lichenstein are not (or they would all be in the US and the country would not be just one big vacation home)
Most countries do not have 9,800 EB applicants every year - in fact, most countries use well under 1,000.
The total number of applicants from other countries can be derived from roughly estimating number if H1 holders, adjusting for Indians and Chinese, and then dividing by 2 (50% of H1Bs never end up getting a green card), and then multiplying by 2 to adjust for derivatives. The bottom line - there are visas available in EB2 ROW and EB1 categories (which are current, meaning, undersubscribed), that are getting redistributed to EB3 ROW. This is why EB3 in total is using more than its share of 140,000 EBs. In fact, I believe the dates will be moving pretty fast on EB3 ROW, it will probably get all current in a couple of years.
prabasiodia
07-17 07:51 PM
Nicely put paskal.
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
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walking_dude
10-05 10:04 AM
Story so far ( will get updated as story progresses)
Confirmed
cagedcactus
walking_dude
vs116
amitga
swamy
oldschool
Alien
Curious_Techie
nogc_noproblem (added)
bestin (updated)
new_horizon (added - confirmed through PM)
lakewalker (added)
GCcomesoon (added)
Waiting confirmation
IV2007
chintu25
psgprasad
Others, please come forward and join us
Confirmed
cagedcactus
walking_dude
vs116
amitga
swamy
oldschool
Alien
Curious_Techie
nogc_noproblem (added)
bestin (updated)
new_horizon (added - confirmed through PM)
lakewalker (added)
GCcomesoon (added)
Waiting confirmation
IV2007
chintu25
psgprasad
Others, please come forward and join us
2010 Love and Romance - Love Poems,
alterego
11-07 10:28 PM
Looks like the Leadership of the house is changing.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
Interestingly I heard one of the republican commentators comment that whatever happens, including if the republicans lose there will be a change in the house minority republican leadership, he was putting forward people like Pence and Shadegg as the new leaders(they have been pro SKIL bill). In other words, No Hastert, No Sensenbrenner etc in the committees.
Interestingly in the districts that republicans ran anti-immigrant platform, they lost badly. One of the bellweathers districts for that in Arizona, Candidate Graf(who got the republican nomination by his very hard anti illegal immigration platform) lost heavily to a democrat who is pro CIR. There are many more such examples (Sen. Santorum is another example). Thse results bode well for legislation as long as the issue comes up for debate again in this congressional year.
Who knows, now the house republicans might even be willing to consider it in the lame duck session, as atleast they will get to have some say in it. Will be interesting in the next few months.
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rongha_2000
07-18 03:01 PM
Is there a thing called Double Ban? If there is ban this self centered piece of crap again.:mad:
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
Most people showing their cool wisdom still not getting the point. A BEC person with Feb 2005 PD may not be able to file for another 2 years while a PD 2007 person will be enjoying EAD during that time. In my dictionary this is injustice. And that's why i was kinda happy when they updated the July bulletin, now I'm not really happy even if my company has already filed my 485/EAD on july 2. I'm still wishing (and i'll be honest) USCIS come up with a reason/regulation/rule that will delay EAD for everyone until BEC people are able to file 485 OR in Oct they retrogress only till March 2005.
P.S. if you are superstitious, you want to know this: most of my relatives/freinds call me "Black Tongue" because usually when i say something unpleasent it happens. e.g. i told my wife last month that i don't believe everyone is able to file 485, something will go wrong and everyone will be disappointed. (when everyone expects something it does not happen- contrarian theory)
hair Jun 4 2010 2:58 AM
deepakd
07-05 09:10 PM
They sat on my doc's for a full month(mine became current in june) and ended up not filing in time. I wudn't go there in my dream
--MC
Bump
--MC
Bump
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surabhi
06-25 05:49 PM
Yes , its Free :D Anyway - lets talk with a 3rd person (maybe USCIS) and confirm. Its Free, if you read the EAD forms its clearly written that once some one pays $340 ( not other amount) it becomes FREE for ever. I just checked the EAD forms again before writing this post - let me PASTE from EAD forms if that clear the confusion.
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Its free only for those who file I-485 ( Not EAD) under new fee structure. Thats what it says in point# 5. adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007 . Its about I-485 application, not EAD
Renewal EAD: If this is a renewal application and you
applying under one of the following categories, a filing fee
not required:
1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;
3. (a)(11) Deferred Enforced Departure; or
2. (a)(10) Granted Withholding of Deportation;
4. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;
5. (c)(9) or (c)(16) adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007.
Its free only for those who file I-485 ( Not EAD) under new fee structure. Thats what it says in point# 5. adjustment applicant who filed for adjustment under the fee structure implemented July 30, 2007 . Its about I-485 application, not EAD
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Macaca
09-10 12:00 PM
He has
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
sat on the fence
so long that
the iron has entered
his soul
David Lloyd George
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vdlrao
07-15 05:36 PM
Not sure I follow you. How are we getting 50K spill over visas?
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
I already mentioned in my previous posts (multiple posts with same matter for people like you and me, see it and understand it well) how we are getting more than 50k visas just for EB2 India. I am giving it here again the visa allotments for 2006 and 2007 years when theres vertical fallouts. Now its changed to horizontal fall outs.
Due to this as many of us think its not the EB3 India which is losing, but its EB3 ROW.
Class --------------------------------------> 2006 | 2007
Total Employment-based Approvals ----------> 159,081 | 162,176
EB1 ---------------------------------------> 36,960 | 26,697
EB2 ---------------------------------------> 21,911 | 44,162
EB3 ---------------------------------------> 89,922 | 85,030
Fourth:-------------------------------------> 9,539 | 5,481
Fifth (investors) ----------------------------> 749 | 806
See the Total Employment Based Visa approvals for 2006 and 2007 159,081 and 162,176. But there are only 140,000 visas in EB category. The rest of the visas came from Family Based visas which are not used for the previous fiscal year. The share for each category: Each EB1, EB2 and EB3 should get 1/3 of 140,000 = 46,666. But due to the less demand in EB1 and EB2 ROW all the visas falling to EB3 ROW due to the Vertical falling.
EB1 ROW --> EB2 ROW --> EB3 ROW.
EB1 INDIA --> EB2 INDIA --> EB3 INDIA.
As theres not much demand for EB1 ROW and EB2 ROW, all the unused visas are going to fall to EB3 ROW. So from this time its going to be like Horizotal fall out like below.
EB1 ROW/EB1 INDIA --> EB2 ROW/ EB2India/ EB2China-->EB3ROW/EB3 INDIA.
So this time to fall any VISAS into EB3 ROW they have to pass through EB2 India/EB2 China. So this makes EB3 ROW dates would retrogress due to the decrease in visa numbers availabilty.
As I said each category would have 46,666. So EB1 and EB2 together will have around 93,332 visas. But in EB1+EB2 in 2006 about 50,000 visas approved and in 2007 about 70,000 visas approved. So for 2008 also asume the demand for EB1 and EB2 is 70,000. But the availability of VISAS are 93,332 as said above + unused family visas which come around 19,000+.
So for this 2008 fiscal year for EB2 India and China the total visa numbers availlable are
(93,332 +19,000) - 70,000 = 42,332.
So around 42 thousand + 9,800 (regular 7% of 140k) = around 52k Visas Just for India , because EB2 China was already Jan 2006 a year back. And I dont think it would take any considerable share in this 50k other than its regular 9,800 visas.
Get me back if you have any doubts.
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joydiptac
06-01 05:25 PM
Make AF flight crew wait it out in some mosquito infested lounge for 10 hours before clearing their immigration. Call it something like quarantine for French swine flu or something. But do give them a bottle of water and enough spicy Indian food. :D
Repeat this at random for a few weeks. AF will be paid back in Euros :D.
BTW, I used to stay in France (and Holland 98-2000) and had a fairly good experience when I was there. Never really felt any racial discrimination. Only thing that they want you to do in France is try to speak French that's it.
I bear no ill will to the French or the other EU folks. This is a fight with the Airline and let's keep the discussion to that. :)
Repeat this at random for a few weeks. AF will be paid back in Euros :D.
BTW, I used to stay in France (and Holland 98-2000) and had a fairly good experience when I was there. Never really felt any racial discrimination. Only thing that they want you to do in France is try to speak French that's it.
I bear no ill will to the French or the other EU folks. This is a fight with the Airline and let's keep the discussion to that. :)
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royus77
08-01 06:58 PM
esp. when time is important they can do it fast .My whole 485 process was completed in 3 days turn around time .
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GCScrewed
07-18 10:19 PM
I think for Indian EB-3s, if your priority date is after March 2002, it is definitely worthwhile to do the conversion. Chinese EB-3s with priority dates after Sept. 2003 should definitely convert too.
Even considering the time to find a job, file a new labor and I-140, it still looks like that you will get your GC faster than waiting in a not-moving line. The recent history has shown that the visa bulletin can get stuck for a specfic cutoff date for half a year. Besides, EB3s have been and will always be of a lower priority just as someone said in other posts.
Even considering the time to find a job, file a new labor and I-140, it still looks like that you will get your GC faster than waiting in a not-moving line. The recent history has shown that the visa bulletin can get stuck for a specfic cutoff date for half a year. Besides, EB3s have been and will always be of a lower priority just as someone said in other posts.
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mhathi
03-13 05:01 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
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natrajs
07-14 02:48 PM
Dont be surprised at the next VB or theone for October where EB2 india moves back to Apr 2004 ....DOS can always surprise you, as we have learned repeatedly, all calculations/bets are off when it comes to DOS.
That's Why I don't trust USCIS/DOS. We better work on legislative changes, that's the hope to fix this mess
That's Why I don't trust USCIS/DOS. We better work on legislative changes, that's the hope to fix this mess
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DSLStart
09-12 10:37 AM
Not from last nights interview, but in primaries season during Politico's live interview on CNN Obama said this about legal immigration:
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. "
H1B-GC
06-26 09:24 PM
Few min back I just got the "Card production ordered" email - Took a total of 28 days
I feel that USCIS Workers/Contractors might be working all through this weekend to Approve as many EAD's as possible. I really wish they work the same way in approving AOS Applications.But Never... Punish the immigrants as much as possible, thats the Motto.
I feel that USCIS Workers/Contractors might be working all through this weekend to Approve as many EAD's as possible. I really wish they work the same way in approving AOS Applications.But Never... Punish the immigrants as much as possible, thats the Motto.
immigrationmatters30
02-14 07:49 PM
Nice Post hydboy!! Quick question though, Would you have put the same argument if you have not filed your EAD during july 2007? Guess not..Let us stop this..now.I agree with what you are saying,by the way.
I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.
Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.
Prefiling should be done to give relief to people who missed July fiasco only after
1. Remove\dilute same similar job requirement
2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)
Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.
I hear some people saying childish things like hijacking this thread if anybody says anything different from what they say. What do you prefer, should I open another thread with title "oppose prefiling AOS", nobody wins neither will I or you when somebody does that. Please tolerate others views then they will tolerate yours.
Without strengthening AC21 if you allow everyone to file AOS then anti eb folks like Grassley, Sanders, Sessions, Durbin will move from targeting H1b to targeting EAD. It takes 6 months to get Perm approval, with pre filing AOS everyone can get EAD in 6 months, anti eb folks and USCIS know that people will be jumping to EAD to escape H1 crackdown, what do you think they will do, they will add amendments and Bills to put restrictions on hiring EAD just like they put restrictions on hiring H1b. We cannot make EAD into another H1b like hell.
Prefiling should be done to give relief to people who missed July fiasco only after
1. Remove\dilute same similar job requirement
2. Make sure EAD is extended without any rfe. USCIS will invent thousand things to issue rfe, EAD should be in a different league to h1 and it should not turn into another h1 where you are slapped with rfe left right and center. Example Pay stub rfe, ability to pay rfe, customer Purchase order RFE etc etc etc, Green card holders don�t have any problem working in these same jobs so why should EAD people face this nonsense (otherwise it is just like h1). Before people complain this will become like a green card, lets me answer in advance, if a person from ROW can get his green card within 12 months of coming to US, why cannot people from India\china who have worked in US for the last 5 to 10 years get the above mentioned relief on EAD. EAD should be superior to h1.the only restriction should be you should work in the same field, i.e. if your labor certification is for Software engineer, programmer analyst etc , then you work in a software related job and cannot become a greeter in walmart :-)
Without strengthening EAD\AC21 with the above mentioned items you are turning EAD into just another h1.If we push for prefiling AOS without strengthening Ac21 it is a big disadvantage and slap on the face for all the people with older priority date. Because of July fiasco when everybody got current and filed for AOS, USCIS issued GC to people from 2006 leaving behind people from 2003, 04 and 05. USCIS should have gradually moved the dates from 2003 to 04 to 05 that way people with older PD would have got it first. With prefiling AOS it will become a lottery like in August 2008 where 2006 PD got GC over 03,04 and 05 in eb2. Safeguards have to be put in place for order of priority date otherwise USCIS will indulge in this lottery mode and excuse there behavior by claiming they did this to save visa wastage.
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