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Dyana,

I would suggest using your own checks for I-485. This way, once USCIS will cash your checks, and if you have online banking - you will see the receipt numbers on the back of the checks. This way you will be able to see your application status right away. It was very critical (at least for me) during June/July tsunami of applications, as I received the actual receipt pretty late.

Also, don't count on that EAD, it will be safe to invoke AC21 only after 180 days and having approved I-140. You have good chance to have your AOS adjudicated. In this case you will have to stay with your current employer for at least another 6 months. If you will leave before 180 days and your GC will be approved, then AC21 will not apply and your GC will be revoked.

I also learned a lot on IV :)
Bestia,

First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?

Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?

About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.

What "IV" stands for? Where can I found more about it?

Did it occur for a single moment that if some one gets out of the line, the line gets shorter? F Y I, This is NOT about me. This is about every one here. I did not dream of this situation which directly favors some one today. Simply, Not many folks knew it was going to be this bad. Folks who knew, kept quiet telling people that its NOT that bad. There is NOT going to be a single solution that benefits every one involved here. Let it be recapture, country limits or advanced degree exemption. Choice is (y)ours. We can decide to be the frogs in the well and pull the next frog down or we can work on making this pitch which can be palatable to sensible people, who understand the magnanimity of the situation


I am sorry, but ends do not justify the means. By calling people frogs in a well trying to pull down others, you are shutting down valid arguments and concerns.

If the only mentality is that if one gets out of line, the line gets shorter, there are various ways to achieve it (For example: just go on a killing spree targeting all EB applicants). We need something that is acceptable to both the politicians and the immigrants.

As someone in one of the threads had mentioned, say "All is well" and you will feel better!!!

Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.

There are two ways to address this:

Increase the supply
Decrease the demand


Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.

The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.

I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.

Same here. Let us give green to each other and make us very green. How about that?:)

I agree and will do.

To summarize the discussions on this thread:

Yes, it is 7 % for all countries.

Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

The real question, as raised in the first post of the thread by soljabhai is:

(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?

Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

Anyway, agree or disagree, its an interesting thread with interesting posts..

First, please stop comparing companies in this thread at least because we are diverting from topic.

I am totally convinced with users like jetflyer, kondur_007 and others that �if it goes smooth then next will be EAD, then I-485 approvals�.

At least this is the time to think beyond boundaries (like EB-3, EB-2, working as FT, working with consulting company, states and countries), if not then don�t distract the efforts.

For the record, when i left one of the Big 5, they still answered for 45 day letter, LC was approved, used for someone else (in Feb/07) who is in need.
How do i know? it's very simple. There were 63 LCs pending in Philadephia BEC, which are EB2s with a priority dates in Jan / Feb2002. Some of my colleagues who were with the same company already filed 140+485 last month.
Since this is a public forum, i can not give the name of the company
My company cancelled my labor process the day I resigned, tell me which big reputed company responded to a 45 day letter even when the candidate was not working with them, so that leaves us with companies like Cybersoft who filed multiple I-140 on one labor approval or there are people who are running parallel processes just to be safe and they are buying the sub. labor,so now even if the companies intention's are good,filling I-140 multiple times creates backlog in the service centers and then it is up to your fate if your file is picked up in the numerical order, in concurrent filling it was a race who got the the GC first the original beneficiary or the person who paid price for the same labor. Who are the people opposing substitution ban or the 45 day rule if you find them you will get your answers.

what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.

I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.

I keep thinking about going back and your inputs are valuable in this regard...
But in my case I could think of a few more factors...
1. Back home the economy is sizzling...(Don't know how long that would last)..
2. My friends who chose to stay in India/left for India in 2/3 years have a greater net worth than I have...(through stock market/real estate appreciation..) again do not know how long/whether this would last..
3. I am really at my wit's end as far as work is concerned...The stagnation is killing me...I am in this place for last 7 years....

Good discussion so far MSP and UNITEDNATIONS but you folks touched the weakest point for me
Some of us like me dont have any choice but stay and wait for GC.
Reason came here late age and now wife is doing Phd and Kids are doing good at school , elder one about to enter college ( i have to pay the full fees if i dont get GC soon) and high school GPA close to 4.0

If the prior experience was related to your field, then I don't see why not. You may want to hurry because if USIS comes with 45-day labor expiration rule soon (which they may), you may not be able to use the prior approved labor.

arent you in conflict with chanduv23's reply? i am stuck between both of the ideas:) not worried about the bill, its not a law yet..

If you see the number of application pending in EB2 ROW for 2007 and 2008 they are huge compared to previous years somewhere in hundereds which can mean having the above said issues. The number of applications related to the above mentioned issues cannot spike significantly in just 2007 and 2008. Either the data is old and can mean that these applications are processed and approved and we wait until the new data is posted.

You can compare this with the PERM data. PERM data has very low EB2 ROW application in a given year and hence has always remained current.

Is my assumption correct?

CIS files your application until its time to process. Check the processing dates for Texas and Nebraska service center they are still in second half of 2007. So these applications are filled and waiting for the processing dates to move forward.

I am not sure if any of your application was delayed due to CIS processing delays, but if they have limited resources they have to go sequentially in order of receipt date (and at time simple approvals AP/EAD could take 4-6 months).

You are talking about Sinhala... LOL... Have you ever been to chennai? Look at the Black paint on Hindi letters on Government boards!:D
It is far far better than where in some states, North Indian people are kicked and thrown out. This NEVER happed in TN. May be some arrogant people like you make it happen.

Dont worry, just foolow intructions on cic.ga.ca and you will be fine.
If you miss any document, they will send all ur paperwork back. If they accept it they will send a letter with a Tracking/case number.

Its much better and streamlined for people who reside in US. Just apply, lets all go to Canada..I think thats what US of A wants and deserves.

9 moths and 5 days for me :-)


Yeah, Tell me about it!!!

Just two more months and mine would have been current!!!!

Hi

Is it ok to work part time (say 10 hrs a week) for a different company using EAD, while working for a primary company on H1B ?

Thanks

Thanks to everyone for taking an active role in the funding drive. It is always a frustrating experience every time we want to raise funds. In our overzealousness sometimes we also hurt the effort by being too harsh on people who are not contributing. We do not wish to encourage any finger pointing. Members start asking all kinds of questions on the forum and kill the initiative thereby hurting the organization and ultimately themselves. At this time we are no longer going to ask for funds on the forum and will continue the IV effort with what we have from the contributions members have made. Members who feel they wish to contribute will contribute if they feel for the cause in their heart. Admins have decided to close all such threads so that we can focus on the other IV work rather than solving disputes between members and making sure no anonymous member is hurting other anonymous member�s feelings.

Exactly.
This part amazes me most.
He is an actor on a personal visit and now govt of India has to intervene.

And look at the protesters.
There are thousands of more important issues in India and they don't bother them while detention of SRK makes them protest. Hight of stupidity.

Amen!!

A person who assists in the murder of people whom he has taken an oath to protect, cannot be really thinking about the country or for its development. By saying that HE is responsible for the development is clearly under estimating the capabilities of the gujrati people. The gujratis and rajasthanis are leaders in creating wealth and they did that for thousands of years successfully with world's envy before this ugly Indian came into picture. With your logic fodder eating Lalu is the smartest politician ever born....remember his $20Billion revenue he is bringing in from railways....never heard of from any sector...leave alone the ever losing railways...the only thing lalu can be given credit for is...not stopping the elite civil services managing directors and the academia (IIM, ISB) from doing their work...which they have been trying to for several decades....so I dont think the theory is right that one person (call him black spot of India) had done something....when each individual in the state is born with the blood which carries enterpreneurship.....kudos to all gujaratis....

Well said. It is similar to Bill Clinton takes credit for revolution in IT area. It is all time. Gujarat prospered becuse of successful bussiness minded people. Growth was aided by high demand for export. I agree with you that though a guy has a great leadership skills, commanding speech, great administartive and management skills, if he commited/aided the crime, he has no right to hold the office. See the Alska Senator..He was one of the most successful politician and elected many times from alska for Senate. Now he is in jail at his very old age, just becuse he got money from oil comapines to renovate his house.

Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?


(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).


Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm

Matthew Oh has been known in the past to be a BIT of a sensationalist.
Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?

I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).