ashkam
07-24 11:25 PM
If you were on OPT you will have Allien# but the EB Catogery gets an allien# after they apply for AOS.
The A# which is present both on the I-140 and the OPT EAD card.
The A# which is present both on the I-140 and the OPT EAD card.
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abhijitp
07-23 07:13 PM
I just asked my lawyer and heard the same thing. Now I am being asked where I got this info from:p Does anyone know the URL to a document that says Employment Letter is a MUST and that your AOS can be denied for not submitting it?
Got the answer on the previous page. Thanks fcres!
http://immigrationvoice.org/forum/showthread.php?p=129722#post129722
Got the answer on the previous page. Thanks fcres!
http://immigrationvoice.org/forum/showthread.php?p=129722#post129722
Tito_ortiz
02-13 03:56 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
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saveimmigration
01-16 09:29 PM
GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.
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desi3933
03-11 11:49 AM
Don't put words in my mouth.
Now you want me to give you reply which you will understand. The SledgeHammer or Mirage way. About the link, read from the top don't just read one post.
>> Now you want me to give you reply which you will understand.
[COLOR=Black]
Thanks for using such "polite" language.
------------------------------------------------------
I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others. -- Thomas Jefferson to John Jay, 1785
Now you want me to give you reply which you will understand. The SledgeHammer or Mirage way. About the link, read from the top don't just read one post.
>> Now you want me to give you reply which you will understand.
[COLOR=Black]
Thanks for using such "polite" language.
------------------------------------------------------
I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others. -- Thomas Jefferson to John Jay, 1785
meridiani.planum
03-16 11:15 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
its not a 4 year wait you @#$$%!#$!!! From your mails here you seem to be simply trolling for, and collecting red dots (& doing a good job of it).
If your PD is EB2/EB3 India 2006 or 2007 its gonna be a 10 year wait. Atleast.
Dates have not been so badly retrogressed, ever (7 years for EB3 India!). Demand has never been so high, ever. Lots of things have led to this HUGE backlog of demand (namechecks, LC delays, increased H1 quotas in 2000/01/02, increased use of L1). The IN queue has never been this long, by an order of magnitude, and the OUT queue has remained the same for decades. We are screwed unless there are some admin fixes.
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zuhail
05-08 07:07 PM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
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msgrewal81
02-18 04:16 PM
1 - It will grant GC to people with > 5 years in US
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
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jcmenon
07-25 01:22 PM
"Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
Probably this option is not attractive to you that you are so pissed with it.
Btw I'm contacting some attorneys on my personal expense to interpret this.
If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.
But the fact is at this point I still believe there may just be a 1% chance.
Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.
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Guest007
07-25 08:28 PM
Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
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Zil
09-28 04:21 AM
Come on guys, stop comparing the US with the EU. Even though the $ is down a little bit due to the Subprime mess, it's only a temporary phenomenon and investors will be soon rushing into the US once confidence improves and $ will regain.
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
You pretty much talk and think like an American. :)
Apart from the $, EU is not the US and is no way near the US economy or the opportunities you can find here. The annual income is also less compared to what you can make here in the US and above all US is still the superpower in the world and the rights you get here even as an immigrant are incomparable to what you may experience in the EU. For instance, if you would've held a rally there for your GC in the EU, you'd been kicked out the country next day!! Didn't you guys hear what happened to the Indian docs in the UK??
Even though the EU is a union, it's composed of diverse countries and cultures and mostly your mobility will be confined to a few english speaking countries. Bottomline is, EU is the option for LOSERS!
You pretty much talk and think like an American. :)
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pappu
07-01 06:11 PM
Everyone is busy partying.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.
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johnwright03
07-01 09:38 AM
06/30/2007: Potential EB Visa Number Exhaution in July and Probable Actions of State Department or USCIS
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
* By now, people understand that the sources of potential action by the State Department or USCIS are predicated on the two important facts. One was the information from a government source that there were only about 40,000 numbers left for the entire EB visa numbers for the FY 2007 which ends on September 30, 2007. The second important fact was that reportedly the USCIS alone had far more than 40,000 I-485 applications in the backlog queue that were reportedly ready for approval. Considering the fact that the immigrant visa numbers are consumed by the approval of I-485 applications by the USCIS and the approval of immigant visa applications in the consular processing by visa posts througout the world, 40,000 visa numbers could be fairly quickly exhausted in early July 2007. This prediction was exacerbated by the information that the USCIS was apparently picking up the pace of I-485 adjudications lately.
* Obviously the State Department has been in communication with the USCIS and was well aware of the situation. Sources reported that the State Department might revise the July Visa Bulletin either Monday or Tuesday to reflect the situation. However, it is unclear at this point whether this will occur on Monday or Tuesday or, for that matter, some time soon, particulary considering the ongoing uproar in the nation. Assuming that the EB immigrant visa number will be exhausted before the end of July, from the government perspectives, they may have two options to handle this matter. One is the State Department revises the Visa Bulletin based on the newly developed facts and predictions. The other option is that the State Department does not take any action of revising the Visa Bulletin but just notify the USCIS when the visa numbers for certain categories are exhausted. The initial sources of rumor was the former possibility. However, as updated by the AILA afterwards, it might or might not happen.
* Whether the State Department revises the July visa bulletin or not, the fact will remain that 40,000 numbers could indeed be run out in a fairly short period of time in July. It is too obvious that under the statute, when the visa numbers are exhausted, the USCIS will not be able to approve any I-485 applications, and for that reason, the USCIS may wrongly reject the incoming I-485 applications or return I-485 applications which were received after the date when the visa number is exhausted. This happened for the "other worker" category in June when the priority date was current in June for certain other workers. The issue of legality of such action of the USCIS is rooted in the required distinction of the USCIS statutory mandates between its job of adjudication of 485 applications "already in the pipeline" and its job of "accepting new 485 applications." Arguably, when the visa number runs out, there is no question about that the USCIS should not and cannot adjudicate and approve any 485 applications. But there is no legal basis that the USCIS should not and cannot "accept" new 485 applications when the cases fall within the cut-off date of the monthly visa bulletin. If the State Department attempts to revise the July Visa Bulletin, probably they are doing it to overcome the predicament of the USCIS that will face in rejecting the new 485 applications. The problem is the State Department's own legal problem or authority to revise the published Visa Bulletin. Accordingly, either USCIS or State Department will be liable for either abuse of power or arbitrary act depending on who acts. The AILF is planning to sue the USCIS for rejecting "other worker" new 485 applications in June probably on ultra vires or other statutory authority grounds. Should the same thing happen in July, the AILF intends to extend its lawsuit to cover the July 2007 485 applicants, probably in the form of class action. What happens if the State Department revises the Visa Bulletin and the USCIS rejects the new applications based on the new Visa Bulletin? Strictly speaking, there may be no cause of action against the USCIS in that it followed the State Department's Visa Bulletin for the month of July. In this case, probably the lawsuit will have to be directed to the State Department for violation of law in revising the visa bulletin. We will soon find out.
* Where does this leave to the July 485 applicants? Fact remains that all likelihood, the annual limit may reach fairly early in July and they should file their cases before the visa posts and the USCIS exhaust all the numbers. They have to do this probably for the two reasons. One is that should the government take the second option of rejecting new cases after reaching the limit just as we experienced in the other worker cases, those who filed the I-485 application before that date will not be affected. Those who files the application after the date of exhaution and receive rejection of the 485 applications may be entitled to sue the USCIS either in a class action or individually. Secondly, if the government takes the first option of the State Department revising the July Visa Bulletin, they will have to sue the State Department and for that purpose, they should have filed I-485 applications within July 2007. Otherwise, they may have a standing to sue the State Department.
* For the foregoing reasons, we urge the July 485 filers to file the applications as soon as possible. At the same time, we urge the State Department and the USCIS not to take any actions to avoid the lawsuits. They should keep accepting I-485 applications even after the enhaution of the FY 2007 numbers, even though they will not be able to adjudicate these applications until the visa numbers become current again. Again, the agencies should distinguish the requirement for adjudication of 485 applications and the requirement for acceptance of new applications. These are two separate things.
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andycool
07-12 04:56 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D
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luvschocolates
08-22 01:07 AM
The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!
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wizkid732
07-29 03:42 PM
Never been in a dire situation??
August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby
poor sod! ???? No Comment :-)
@wizkid...Nice job!! Go on and pile it on the poor sod!
You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!
@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.
I wish you all the best and Take care!
August 10th 2010 it will be 15 years in this country (Masters 95), so been there done and seen that, so stop cribbing and stop being a cry baby
poor sod! ???? No Comment :-)
@wizkid...Nice job!! Go on and pile it on the poor sod!
You had already made your point in your initial post to this thread so why rub it in? Is it because you never have faced such a dire situation... if you cannot offer anything constructive atleast shut your trap, don't be such a jerk and let the guy vent!
@uma...I can understand your frustration at this point. Is staying and working in the US very important to you? If so, you can try to workout a solution with your employer where you can work for them in a different country for 1 year and then maybe come back with a new 6 year H1 time. If the economy gets better (and hoping it would), you can perhaps negotiate with them to restart your GC process or at that stage move to another employer. I ask you to think ahead with calm and logic. You will find a solution which you will be happy with in future.
I wish you all the best and Take care!
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good idea
09-09 03:52 PM
You know it takes serious $$$ to get anything moving.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
girlfriend Nature Animated Background
Legal
07-04 08:40 PM
I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.
new legislation is needed to change that.
new legislation is needed to change that.
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intheyan
06-29 05:39 PM
Hi Am100 and Ramee,
Congrads to you both and also really happy to see 2004 aprrovals.:)
Congrads to you both and also really happy to see 2004 aprrovals.:)
Openarms
03-09 04:36 PM
1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.
3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)
4) IV says they have agenda but nobody knows their laundry list agenda.
5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.
sanjeev_2004
11-20 09:40 PM
My H1-B expires in another 8 months. I got my Labor cleared (EB-2) in 2 months through Perm and just finished applying for I-140. Before february, if i don't get my I-140 cleared i will go through Premium and apply for H1-B 3 year extension.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
Getting my H1-B extended for 3 years is my goal. Once this happens, i will look elsewhere for a new job and start over GC process again hoping thta by then labor laws improve.
I have not dreamed/hoped to get GC. I am only hoping to stay in this country as long as possible.
I still don't understand why people are frustrated with delays in GC?
Why should you even stress yourself too much about this GC. Just enjoy the life and move on.
thanks
I agree with you. Only sick ppl are frustrated with delay in GC.
