Posts
jsb
06-04 01:20 PM
I agree. These are semantics of the process. Whatever they do it should appear to be an admin fix, rather than bypassing the law.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.
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ujjvalkoul
10-04 10:40 AM
STAmisha,
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
Once u sent ur application, did nt u have to go for an interview and then a Physical. Also, I have heard that to get PR stamped onto ur passport, u actually need to physically enter Canada. Kindly confirm?
sats123
01-10 10:04 PM
Fu&^*& desi companies are still advertising for pre approved labor, here is what I got from a desi company. Looks like this labor is cleared from Backlog, they take advantage of this and make money. Its fu$%%$ jackpot for these kind of companies.
Education: BE in Computer Science, Software Engineering or a related
degree
1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
NT
2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
Crystal Reports., Help Desk application web interface of help desk.
Send your Resume along with your Contact #.
Education: BE in Computer Science, Software Engineering or a related
degree
1) Skills Oracle, Oracle Database, Developer 2000,HTML.TOAD and Window
NT
2) Visual Basis, MS SQL Server, ARS Language, HTML Java Script, ASP,
Crystal Reports., Help Desk application web interface of help desk.
Send your Resume along with your Contact #.
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Macaca
07-04 08:49 AM
Chanduv thanks for your efforts. A correction: retrogression started in fall of 2004
I think its is Oct 1, 2005. Please verify!
I think its is Oct 1, 2005. Please verify!
more...
msp1976
02-18 10:12 PM
I understand that there is concern about people from visitor visa category (Tourist B1 B2)would be filing for green cards and that shall cause the retrogression to be perpetual...a few adjustments to the applicable statute can rectify that...
ragz4u
02-06 09:38 AM
This is a step in the right direction. A lot of people wanted to get ahead of the queue by using pre-approved labors. The arrest of Nick Mandalapa, who was infamous for selling these labors openly on Sulekha, and now this are signs of good things to come :)
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
Do not be surprised if you read Murthy.com's response as being against a ban on labor substitution! After all, labor subsitution is good business for immigration lawyers.
As per www.immigration-law.com
DOL Resummitted and Obtained OMB Clearance of Proposed Labor Substitution Elimination Regulation on 02/02/2006
This DOL and DHS proposed rule was cleared by the OMB last fall, but for unknown reasons, it has been pushed off. However, on February 2, 2006, Thursday, ETA/DOL resummitted the proposed rule and on the same day, the OMB cleared again this regulation. It is unknown at this time exactly when the DOL will publish this critical regulation but considering the fact that it reinstated the rule-making process as late as three days back, something must be cooking this time. Please stay tuned
more...
Macaca
06-28 10:52 AM
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
This is talking about numbers available for next regular allotment. This number could be the number remaining for current year (which is what I think it is).
It is not saying that there is a monthly/quraterly quota. I have not seen monthly/quarterly quota in any USCIS document but then I have not read most of them.
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saturnring11
07-22 04:21 PM
While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.
Incident #1:
A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!
Incident #2:
I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...
Incident #3:
I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)
Incident #4:
The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
This stops both people in their tracks. I never see them at Fry's again!
Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!
more...
unseenguy
04-01 01:48 AM
Why don't you guys go to some 'INDIAN_POLITICAL_VOICE.ORG' forum?
This is immigration form and people from all over the world are the members.
Don't spam them.
Moderators, please delete this thread.
Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.
This is immigration form and people from all over the world are the members.
Don't spam them.
Moderators, please delete this thread.
Has anyone asked you to read this? You clicked on the link yourself. If you are not interested in this thread, why dont you read something else instead of giving a hollow suggestion.
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gc_chahiye
06-27 10:42 PM
Are you sure about 80000 PERM?
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...
I recall seeing somewhere that for the entire 2006, there were about 6000 PERMs.
nope, that might have been the number for 2005. For the bulk of 2005 (Perm started from April) there were very few approvals, then a big bunch in the last 2 months. 2006 had a 'healthy' rate of approvals...
more...
test101
07-04 11:31 AM
I tried xls, and txt. it wont upload.i have total 655 contacts. The file size is small but still it wont upload on the iV site.
someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.
someone pls tell me how to upload , i have now an .xls file of media contacts, about 931k in size.
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alkg
09-23 08:50 PM
good one
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
but............................................... .........................
after seeing the worst economic conditions, are they really going to distribute GCs to give a ray of hope to this weakened economy........?????????
more...
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snathan
08-16 11:28 AM
I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.
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vdlrao
07-21 06:49 PM
For 2007 we had an availability of 226,000 Family Based Visas. But the issued visas in 2007 in Family Based are 194,900 visas. That means there are 226,000 MINUS 194,900 = 31100. These 31,100
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859
So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
----------------------------------
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
unused Family Based Visas have been made available for 2008 Employment Based Visas of 140,000. And USCIS has 28,795 unused VISAS of American Competitiveness in the 21st Century Act of 2000 (AC21).
American Competitiveness in the 21st Century Act of 2000 (AC21) had recaptured 130,107 visas.
Out of that 94,000 were used in 2005.
7,312 were used in 2007.
So dont know when the available 28,795 unused VISAS of AC21 will be used again.
The unused family based visas of 2007 are 31,100 , which are going to be added for Employement Based Visas of 2008. So the total Employment based visas for 2008 are 140,000 + 31,100 = 171,100.
Theses 171,100 EB Visas of 2008 will be split like, asuming USCIS is not using the availble 28,795 unused VISAS of AC21 below.
(If USCIS decides to use some or all of 28,795 unused VISAS of AC21, then the available Employment Based VISAS of 2008 increases accordingly. )
28.6 percent each EB1, EB2 and EB3. 48934 VISAS for Each Category.
And 7.1 percent each EB4 and EB5. 12148 VISAS for the last two EB categories.
So in 2008 the total Visas for EB1 and EB2 are 48934 + 48934 = 97868 plus unused EB4 and EB5 visas of 2008.
The total EB5 Visas usage never crossed 824 in the past 10 years(Average Usage is 376/year).
So there would be 11148 visas available for EB1 from EB5 (assuming 1,000 visas are used in EB5 which is highly impossible)
The unused EB4 Visas may be couple of thousand or null, based on the past 10 years EB4 usage (7,223 is the average usage)
Assume there are only 2,000 EB4 VISAS unused in 2008 (defenitely it would be more unused).
So IN THE WORST CASE the total EB1 and EB2 Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
Total (EB1+EB2) from 1998 to 2007 --> 35737, 23401 , 47821, 84222, 78484, 29859, 63825, 107328, 58871, 70859
So IN THE WORST CASE the total (EB1+ EB2) Visas for 2008 are
48934 + 48934 + 11,148 + 2,000 = 111,016
IN THE BEST CASE, ASSUMING USCIS USES ALL 28,795 unused VISAS of AC21 FOR 2008 AND THERE WOULD BE 5,000 UNUSED EB4 VISAS, THE TOTAL EB1 AND EB2 VISAS FOR 2008 ARE GOING TO BE 111,016 +3,000(EB4)+ 2*(28,795/3) = 111,016 +3,000+19196 = 133,212
----------------------------------
Type and class of admission 1998-- 1999-- 2000-- 2001-- 2002-- 2003-- 2004-- 2005-- 2006-- 2007
Employment-based preferences 77,413-- 56,678-- 106,642--178,702--173,814--81,727--155,330--246,877--159,081--162,176
First: Priority workers 21,375-- 14,844-- 27,566-- 41,672-- 34,168-- 14,453-- 31,291-- 64,731-- 36,960-- 26,697
more...
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eb2_mumbai
09-15 03:10 PM
Since EB2-I is slowly catching up with EB2-C, future spill overs will be split between the two categories and not all will go to EB2-I.
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
you are correct India will get only 50% of sipill over numbers and we need to take into account how many China applications are pending (perhaps there are more China apps than India in EB2)
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gonecrazyonh4
11-11 10:49 AM
One of my friends informed me about immigrationvoice.com few months back, I am EB3 with PD Jan 2003 and currently waiting to file I-485 for last one year. It is frustrating to hear how some of the companies are bypassing and jumping ahead on the line. I thought I get some opinion; I am curious why this isn't being bunged. Although using a pre-approved labor is a legal thing, how much of sagacity does it really have? Within my little 10-12 friend circle I have had atleast FOUR people who got their GC within 8 months through this same company - KFORCE, Rapidigm Inc., utilizing pre-approved labor. It seems this company lures people with a condition that they will process their GC within couple of months, isn't this using the legal system at their business advantage.
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
What can we do to stop this, it is frustrating to me as I am waiting for close to four years with my GC process and been in the US for 7 years. At the same time, I see people who have been in the US for 2 years has their GC. To me this legal system does not make any sense and is a clear proof of injustice. I am thinking of talking to a legal attorney to see if this makes a justifiable case and if possible file a lawsuit for scrutiny against this company or any company that uses this facility for their benefit. May be I am overreacting and this is the reason I am posting it here to get an opinion, what do you guys think ?
I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.
At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.
This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .
more...
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unseenguy
06-12 01:21 AM
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
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samay
07-29 08:33 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
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krishmunn
07-27 03:23 PM
Oh yeahhh..."1099-int" was a rhetorical statement as you mentioned it.
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
Don't worry I have already done my homework with law offices or CIS, as I had to show all incomes during interviews. Keep on squeaking.
Good to know that a EB 3 spot will soon be freed up when you are deported for your "unauthorized work". I now really wish more people (even EB2) join Amway . We might not need a CIR after all :)
Ramba
12-14 12:19 AM
One cannot challange the content of the INA. Immigration is a privilage not a right. US citizens/lawmakers decides who they or how many they want to allow per year through INA. One can not challange this. For example, before 1960, US allowed only europians not asians. Though, US immigration has a history of 200 years, Indians were not allowed before 1960 in EB catagories. One could not challange then. Tommorow if they amend the INA, by saying no asians allowed in EB catagories, one cannot challange that.
One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.
There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.
One can challage only if any branch of government violates the law. One can not challange why the law do not have some other provision or why it has only 7%?. It was determiend by congress and signed by president. For example, in H1B, they have special quota for Singapore/Australian nationals. One can not question that. Now, Newzland citizes can not ask/sue, why australians and why not newzlanders in special quota? The same situation in GC system.
There is no ethics/rights in immigration. For example, a janitor/unskilled worker can become citizen after 3 years of LPR(GC) status if his/her spouse is a US citizen and he/she got the GC thro US spouse FB sponsership. At the same time, if a nobel prize winner got GC through EB1 catagory, he/she has to wait 5 years to become citizen after LPR status. This is what the law says. So, this nobel prize winner can not sue the government why the INA is not favorable to him.
Waitnwait
07-03 05:49 PM
My wife came to US on L2 visa. We applied for her H1 in April'07 and got selected in lottery :). She has been working since Apr - 07 with the same company first on EAD (from L2) and then on H1B. meanwhile we got lucky in July 08 and applied for 485 for both of us. We came back from India in Mid May using AP after one month vacation. ( we have EAD and AP). She stopped working 2 weeks after coming back and hasnot worked since. My quesion is
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)
--- What is her current status ?
--- Can she start working on her EAD and abonden her H1B?
--- Will she be able to come back on H1B or H4 ( I also have H1B now)