gc_on_demand
02-18 12:01 PM
Bump
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delax
07-27 08:01 PM
Earlier it was like this:
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
EB2 ROW --> EB3 ROW
If any left over after that then remaining numbers were equally divided between EB2-I/C and EB3-I/C so both EB2-I and EB3-I were getting equal share of spillover. Thats the way it should be.
If that were to be the case then EBROW should never have been retrogressed. E3ROW has been retrogressed for the last 20 months now.
godspeed
07-21 05:47 PM
Received by USCIS on 06/04/08
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
Approved on 7/14/2008
Card received on 7/18/2008
Got 2 yr renewal.
Btw - why are lot of members mentioning FP related information under EAD? I did my FP last Oct. Should I be expecting second FP as a result of EAD renewal application. I am missing some thing basic here. Any pointers?
FP is mainly for E-filing folks, paper filers need not take FP.
2011 WOW Blood Elf by ~ZeroJigoku
brij523
12-10 11:58 AM
Hi other IV users,
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
Did you read the post I wrote above? I think IV need some member who can do foot work. I think IV will agree with my assessment. What is others assessment? If we want to get something done we have to make some strategic and concentrated move.
Not everything could be written on this site.
If you are interested PM me. We can talk privately.
more...
eb3_nepa
05-02 11:33 AM
Ragz thanks for removing the unnecessary quotes :)
diptam
06-27 11:53 AM
Point1) makes me perplexed - Can there be agreements with open ended
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
time periods.
But whatever is the exit strategy i will end up paying almost $10,000 as lawyer fees.
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
Canadian_Dream
07-08 09:07 PM
Macaca:
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
The anticipated demand (that is calculated based on Pending Applications, New Applications that might become approvable and plethora of other factors including guess work) on Oct 1 2005/Oct 1 2006 was MUCH higher than 140,000 that was available for the entire year. Infact you have to break 140,000 into four quarters and apply contry quota (7%) to it since EB-3 ROW was not current on these dates. Thus it was hardly a surprise that India and China and EB-3 ROW remained retrogress on these dates.
Now fast forward to June 2007, there were 40,000 visa available in that last quarter and EB-3 ROW was in no position to consume that many that means spillover would come to India and China EB3/EB3 or else visa would be wasted in big numbers. The solution was to increase the supply and hence everything was current overnight. Until USCIS came in to spoil the party. They didn't do it in any simple way instead they choose the route of complete exhashtion and hence shutting the door.
Bottom line is: Unless demand for EB-3 ROW subsides (or it becomes current leaving substantial numbers for spillover) India EB-2 will always be cap subjected to 3200 or so visas every year. The sad part is catching up with the demand for EB-3 ROW is a moving target and thus EB-2 India might NEVER qualify for spillovers. I hope I am proved wrong by someone who has more insight.
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
2010 2804 press01 001 WoW Diorama:
ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
more...
nik.patelc
02-09 09:42 PM
Contributing 50 dollars monthly...
I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
I m sure all members can hire IV for legal advise.
2) Create a community and help members who lost jobs recenlty...
Regards,
Niraj
I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
I m sure all members can hire IV for legal advise.
2) Create a community and help members who lost jobs recenlty...
Regards,
Niraj
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alterego
11-21 05:28 PM
Mehul,
Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.
Accept my heartfelt sorry for your terrible diagnosis and please see that from the prayers and support of everyone here that yours is an unjust situation. Yet some of us bear this unjust burden.
If there ever was a humanitarian reason to remove a waiting time for your family, it would be this, and I hope while you have a chance to see this is done. We take so much for granted in this life and get worked up over issues that in situations like this seem trivial.
That said, I feel that you have done your part to earn the privilege of your family living in this great nation, I can't help but feel that in a compassionate and just nation such as the USA, your case should get a waiver of the normal waiting times. As you can see from this thread, virtually 100% of us would be happy to let you cut in line in front of us. I would think most Americans are likewise.
You should definitely seek the assistance of a Lawyer to present your case to the USCIS. I think there are some provisions in place for situations such as yours to expedite such applications. A good lawyer will be able to guide you.
more...
anzerraja
07-19 07:11 PM
ThinkTwice , very valid points.
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !
I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
Zoom, I appreciate you having started this thread, I have a suggession - Can you please
- give a little back ground as to why we are starting this effort
- The source http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070718_012859.htm?chan=top+news_top+news+index _businessweek+exclusives
- Also some one mentioned that Aman was even considering SELLING his house to support OUR cause.
- what we intend to accomplish by this effort
- The manner in which the money that is collected will be admistered ( If this has not been finalized may be just mention that this is WIP)
- what our target is.
If you add all this information in the initial post it will give direction and substance to this effort.
Thanks
TT
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narayan_id
02-25 02:18 PM
Contributed $100 Receipt ID2626-3858-1037-1208 Thanks
more...
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zoooom
07-20 11:42 AM
pledging $100
Thanks a lot...will let you know once all the details are known.
Thanks a lot...will let you know once all the details are known.
tattoo lood elf paladin
GCapplicant
03-28 12:24 PM
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
Reconciliations
1. Converted or converting cases from EB3 to EB2
2. Two Sets of applications from the same family ( Husband and Wife)
3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
4. Two different Alien numbers.
5. The cases stuck in the name check and realased becaues of 180 days memo
Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured
The above is my assumption for visa dates are not moving forward.
The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
Reconciliations
1. Converted or converting cases from EB3 to EB2
2. Two Sets of applications from the same family ( Husband and Wife)
3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
4. Two different Alien numbers.
5. The cases stuck in the name check and realased becaues of 180 days memo
Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured
The above is my assumption for visa dates are not moving forward.
more...
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kannan
01-08 08:42 PM
Mine is NSC to CA, Still in CA only,opened 2 SR for FP,no use.Anybody is still in CA
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srikondoji
06-20 06:36 AM
Good that we did not put all our eggs in one basket.
Can anybody enlighten our forum about what our approach will be in case CIR dies?
Can anybody enlighten our forum about what our approach will be in case CIR dies?
more...
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gcbikari
02-01 12:34 PM
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!!
Great relief, moved one step up in the line!!! Just kidding. all the best man. I believe India has growth potential for next 15-20 years. India need to mix few ingredients to its growth like law & order, infrastructure, accountability, reduce bribery, traffic education etc..
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!!
Great relief, moved one step up in the line!!! Just kidding. all the best man. I believe India has growth potential for next 15-20 years. India need to mix few ingredients to its growth like law & order, infrastructure, accountability, reduce bribery, traffic education etc..
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gc28262
05-01 01:17 PM
How can an EB dependent file in Family category ?
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
For any one (dependent ) to qualify for filing GC, they have to qualify under one of the categories either family or EB.
Family category:
Applicant has to have a relation with a GC holder or a citizen. When primary EB applicant itself is in AOS status ( not GC) how can a spouse file in Family category ?
2 conditions need to be met for spouse to apply
1. Primary should be having his greencard.
2. PD should be current for the spouse in family category.
Typically condition 1 won't be met for an EB dependent spouse, so USCIS process them under EB category.
hairstyles Orangemarma - Blood Elf
SGP
09-27 09:45 AM
saw an interesting video on youtube the other day. The first thing that came to mind was the eb2-eb3 fights. If only we can fight together rather than each other ! ;)
youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)
youtube - every indian must see this video (http://www.youtube.com/watch?v=dc4ultkrjsw) exellent one. United we stand divided we fall. The british too took advantage of our non-unity. Let's learn a lesson from our history.:)
mariusp
05-01 06:00 PM
Guys, I finally got my notices today after 9 months. I called customer service on numerous occasions and opened 2 SR. Most recently, after my case was transferred to NSC, I called the service center on 04/28 and finally they scheduled me. I got an LUD on 04/28 after the call and another one on 04/29. Today I have the notices in my hand with an appointment date of 05/13.
If you're still waiting for your notices, call the service center, explain your situation and don't stop calling until you see an LUD on your case.
If you're still waiting for your notices, call the service center, explain your situation and don't stop calling until you see an LUD on your case.
gk_2000
09-09 11:04 PM
From all the options we have at hand immediately, I suggest the following to be the quickest and most effective
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
Chant the mantra "Man Yo Ho Rehna Kyo"
This should be done as many times as possible for 2 weeks
Avoid chanting from 12:00-3:00
Keep in mind the person who you think is the obstacle on your path while chanting
It worked for someone I know. It worked for me. And now to make it work for all of us we all have to chant. Remember, just 2 weeks!
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