unitednations
03-26 04:26 PM
That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
It isn't always to "get back" at the employee.
That being said, UN, I would love to hear your thoughts on this situation,
Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).
Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.
That person after a while decides to go back to employer X (485 is still pending) under AC21.
Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.
Thanks in advance for sharing your opinion on this.
I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.
However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.
There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.
From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.
wallpaper Red Rose Flower Wallpaper
485Mbe4001
08-05 04:35 PM
Dude..if the rules for EB2 eligibility were followed to the T, most of the EB2 jobs would fall back to EB3. Stop the holier-than-thou postings, it is your first post. you were able to apply in EB2 good for you, you might dissaprove the post bit that is ok with me. you want to file a lawsuit sure go ahead, i also want a file a lawsuit with the FBI for messing up my name check, easier said than done.
I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
I have been in this mess since 2001, i have seen cases where jobs are modified to suit the resume and resumes are modified to suit the job and most of those guys have GCs by now.
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
delax
07-14 10:54 AM
Delax,
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
2011 flower wallpaper rose.
willwin
07-13 12:19 PM
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).
That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?
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gimme_GC2006
04-13 09:26 PM
Hi gimme_GC2006,
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
chanduv23
03-24 11:28 AM
Its a problem when we dont speak out on our issues - nobody understands our pain and.
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Remember the GREED brought American economy down.
Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.
If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.
If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.
Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them
Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.
What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?
It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Remember the GREED brought American economy down.
Totally agree - but also remember - it is everybody's greed. During the Y2K days, consulates were approving visas left and right, I there used to be a one page LCA with H1b and I remember those companies were under pressure to bring people in - had clerks doing immigration paperwork in tonnes and then getting approvals at rapid pace.
If immigration always be of same standard - with standard measures to weed out resume fakers and fraud - good people won't get affected.
If someone wants to go back in life and point at things in past - they must go back and see if they always did the right thing.
Thats why I do not fully agree with UN. I agree USCIS are going tough - but not all companies or all immigrants are fraud because they lobbied or because economy is down or because anti immigrants are influencing them
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pthoko
07-11 01:57 PM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
QUOTE
Thanks!
QUOTE
2010 pictures Rose Flowers
![flower wallpaper rose. Rose [Flower] Wallpaper](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg5dFDs0Aqw_hA7yKMQ41ObrKtlLg9nMK3n8K-DrEfNc1GoUnkM3lF3bFtmQfzRxzyjCC8yL3qI1Q3wR9QMEZHUUA_-V5aXcPZfD_qqJDb9-wAgtx7v7A-Yvi-41mf7gkK3Q5ksUnpuZbG2/s400/1331.jpg "Rose [Flower] Wallpaper")
zshakyaz
03-25 11:43 PM
ok..People its been more than 6 months since some adventure in my case :D
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
OK..today morning I got a call from a lady voice saying she is from Immigration services..
The call ended by the time I realized my senses..here is the short story
Immig: We are verifying your details and need from information to process
Me: sure.
Immig: WHo do you work for
Me: Blah Blah employer
Immig : Where do you work and who is your client
Me: Blah Blah
Immig: When did you first came to US. Where is Port of entry..
Me: blah blah
Immig: Do you have all of your IT contracts details.
Me: COntracts? Since they are property of my employer..I dont have.
Immig: We need to see your contracts with the clients..
Me: hmm...I can try but I dont know if I can get them
Immig: Well...It will help process your application..How fast we can process depends on how fast you can get those..
Me: OK..I will try..
Immig: Give me your email..I will drop in email with all info..you can reply back with copy of contracts
Me: Ok..blah..blah email
Immig: I need All phone numbers and all supervisors of all clients you worked with in US
Me: I gave all of the details..told her that I cannot vouch for the validity of phone numbers or emails, as I dont know if they work for the same company
Immig: Ok..done..I will send email..
Me: thank you
I this power play, I forgot to tell her that I already went through interview in aug08 and officer found everything correct. :confused:
Nevertheles..does anyone know what this is all about?
Why would they need this kind of information..I am not worried as such since I was never on bench or anything and have all LCAs all blah blah details.
Just curious :confused::confused:
(:this is all true regarding Immigration Services calling then)
Hey guys I also got a call from Immigration Services today on March 25 2009 .
this is what happened
First he started confiming he was talking to the right person
And told My g-28 hasn't been properly signed and completed.
Caller didn't ask me for my personal i nformation
he confirmed my name, dob ,my last entry . address, wifes name address dob
my parents name , my in laws name. He even told g28 it was signed by my HR manager.
He had all the information, he didn't ask for any personal information.
He asked if there was any other names used.
He joked about me not smiling on the picture, he confirmed when the finger prints were completed
After about 10 minutes of conversation he congratualed me on the approval and my wifes approval said the card should be mailed from kentucky with a week and even mentioned that USCIS online system isn't working.
I am taking infopass tommorrow and confirming and if true I am going have it stamped
I hope this is all true.
more...
kuhelica2000
12-18 05:38 PM
For your kind information, Bangladesh is not an Islamic Republic. Nor is Turkey, Malaysia, Indonesia. These are muslim majority countries but not islamic republics. These countries don't even have sharriah law; ironically india has sarriah law.
[QUOTE=addsf345;306838]by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.
[QUOTE=addsf345;306838]by your explanation, what should hindus in india do? they were attacked, temples destroyed, forcefully converted, killed, lost land to islamic republics like pakistand and bangladesh??? Please read this on wikipedia...Thankfully not whole world thinks like you do.
hair wallpaper rose. flower
transpass
03-26 07:30 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?
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StuckInTheMuck
08-06 10:29 AM
In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
hot White Rose Flower Wallpaper
delax
07-13 08:59 PM
Can't beleive people can sound so arrogant. That's exactly some of the hispanic politicians unwilling to provide any relief to any employment based immigration. Some people think they are "superior" than others, the so called "smartest", "brightest", "highly skilled". A country like the US needs people from a diverse background. It does not need all the Phds or masters. It needs chefs, agriculture workers, doctors, nurses, business persons, all backgrounds. Can you imagine that this country only consists of Phds? That's why when arguing why EB applicants should be given relieve first and then illegals, we should not sound we are "superior". Rather we should simply state our confidence about the integrity of the legal system.
As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.
If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
Pasting the post in the link above:
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
As far as the so called "preference", how are you going to catergorize those under EB4, EB5, etc.? The so called "preference" is a myth. Otherwise, the law would only allow a "lower" perference to get a green card until all the "higher" ones get theirs. It is not the case, isn't? Rather it gives a % limit for each category.
If you find it arrogant then so be it - you are entitled to your opinion - that still does not change the truth - please read the post below. The law is written such that the skill, training and experience requirements of EB2 are clearly superior (to use your word) to EB3. The same is the case between EB1 and EB2 - you seem to be completely blind to the fact that any EB3/EB2 change can almost as easily be applied to EB2/EB1 as well.
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198
Pasting the post in the link above:
At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.
If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.
Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.
Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.
more...
house flower wallpaper rose.
rsdang
08-11 04:55 PM
:D1) Did you fart? Cuz you just blew me away.
2) Are yer parents retarded? Cuz ya sure are special.
3) My Love fer you is like diarrhea, I can't hold it in!
4) Do you have a library card? Cuz I'd like to check you out.
5) Is there a mirror in yer pants? Cuz I can see myself in em.
6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.
7) You might not be the best lookin girl here, but beauty's only a light switch away.
8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.
9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.
10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.
11) Yer eyes are as blue as window cleaner.
12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.
13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up
And.... The best for last!
14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...
2) Are yer parents retarded? Cuz ya sure are special.
3) My Love fer you is like diarrhea, I can't hold it in!
4) Do you have a library card? Cuz I'd like to check you out.
5) Is there a mirror in yer pants? Cuz I can see myself in em.
6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.
7) You might not be the best lookin girl here, but beauty's only a light switch away.
8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.
9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.
10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.
11) Yer eyes are as blue as window cleaner.
12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.
13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up
And.... The best for last!
14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...
tattoo pink rose flower wallpaper.
.jpg "flower wallpaper rose.")
amitjoey
08-05 02:11 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
GOOD POINT: IN my case Sunnysurya has EB3 even after waiting and doing the right things: ie: having a masters and all that. and MR. XYZ filed in EB2 with shady arrangements and got thru. so what does Sunnysurya do>?
more...
pictures Wet Rose
.jpg "house 2010 pink rose flower")
rockstart
07-14 08:29 PM
I agree, does anybody have a link to the policy of how spill over of visa numbers works?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
dresses Yellow Rose Flower Black
WaitingForMyGC
08-06 05:05 PM
Hi All, To avoid forgetting important occassions in your life and my wishing you on these occasions,
I have come up with this "Generic Wish/Sorry template" .Now do not complain that I have not wished or said sorry to you on these occassions. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- --- Please read this mail everyday
Is today your birthday? Happy birthday! We Wish you many may happy returns of the Day to you!
Is today your anniversary? Happy Anniversary! We wish many such beautiful and happy year of togetherness for both of you!
Is today a birthday of any of your family member? Happy birthday to "........................." (Write name of your family member)
We Wish you many may happy returns of the Day to "........................." !(Write name of your family member)
Is today an important festival? Happy "..............." to you and your family. (Please enter name of the festival here)
-Congratulations on your son/daughter becoming potty trained.
-Congratulations on your son/daughter's (1st ...234,567,980 th) step.
-Congratulations on your son/daughter passing (First..tenth) grade with grade (A.....F).
-Congratulations on your promotion. -Sorry to hear that your junior got double-promotion and he is your boss now.
-Congratulations to your Junior on his promotion(He is my kid's friend)
-Sorry to hear that your project got over.
-Sorry to hear about your unpaid bills.
-Congratulations..on getting new project ..is it long term ?
-Sorry to hear that your project got cancelled.
-Congratulations on getting new project again..is it long term ?
-Congratulation this project did not got cancelled.
-Congratulations on your new house.
-Sorry to hear that your loan-mortgage got rejected.
-Congratulations on your 2nd baby.
-Sorry to hear that you are expecting 3rd one.
-Sorry to hear that they are twins.
-Congratulations..your wife got the JOB.Congratulations Bhabhiji !!!.
-Sorry to hear that you are still paying her shopping bills.Once again..Congratulations Bhabhiji !!!.
-Sorry to hear that your son/daughter did not get the scholarship for college.
-Congratulations..your son/daughter doesn't want to go to college.
For coming years(another 25-30 yrs)...
- Sorry to hear about your premature retirement(VRS)/suspension.I know all those corruption charges are false and politically motivated.How long is the jail term ? Get on your feets again.
-Sorry to hear that you fell in the bathroom and fractured your back/legs..get well soon.
- Sorry to hear that your daughter is not willing to run away and she wants to have arrange marriage.Big blow to your already depleted bank balance.I hope you saved enough when working (If corruption charges were to be true). Have a big heart..old man.
-Sorry to hear that you had heart attack..but just to make you feel good..cancer is more painful and so is Piles.You should consider yourself lucky that you had heart attack. Get well soon...stand upright.
-Sorry to hear that you lost your mojo(vitality) completely.Don't try blue pill(Viagra) since you are a heart patient. Just to humor you; many of my old age friends use blue pill just not to pee on their legs. :-)
-Congratulations..I heard you got it back although for couple of minutes. How was the feeling ??Did you make most out of it?
-Sorry to hear that you wasted it and got a stress fracture in your hand due to that.
-Sorry to hear about your wife's arthritis. Now she may not be able to walk alongside you in all the ups & downs of your life.
-Sorry to hear that your daughter-in-law is misbehaving with you...may God forgive her and give her good sense.
-Sorry to hear that you haven't eaten for days now, please find attached photographs of delicious dishes. Please do not open dessert attachment if you are diabetic or non-vegetarian one if you are a vegetarian. Please reply how were they? Better than nothing..right?
-Sorry to hear that everyone has come to know about your illicit affair and illegal child...May God forgive you.I know it was just a fling, a one-time thing..went wrong.Take proper care/precautions next time.
- Sorry to hear that your son has thrown you out of your house ..get back soon.
-Sorry to hear that your illegal child has also kicked you out of his illegal encroached house.
-Sorry to hear he also disowned you.(Tell him that he is illegal and not you..he cannot disown you , you can).
-Sorry to hear about fight between your wife and your mistress(mother of your illegal child)..no one is ready to keep you with her( not even your keep). ..Don't lose your heart ..buddy.
-Sorry to hear that you had a heart attack(major) again( told you not to try blue pill and stop seeing your mistress) and you ran out of your insurance..get well soon..please TRY.
-Congratulations..old man.You survived 3rd heart attack.You are awesome.
-Sorry to hear about your sad demise(due to cold-flu)..sorry friend that I don't remember your name(I am running out of memory- just to humor you ...yesterday( or was it 5yrs back) I forgot my wife's name and called her Kareena Kapoor :-) .But were you the one with heart problem or cancer ? Though..none matters now..but nonetheless you were a great man..a great friend..a true admirer of beauty .. father to many(knowns and unknowns)..a man of impeccable character..may GOD rest your soul in peace.Please do not care to reply.Take rest.See yaa soon.
I have come up with this "Generic Wish/Sorry template" .Now do not complain that I have not wished or said sorry to you on these occassions. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- --- Please read this mail everyday
Is today your birthday? Happy birthday! We Wish you many may happy returns of the Day to you!
Is today your anniversary? Happy Anniversary! We wish many such beautiful and happy year of togetherness for both of you!
Is today a birthday of any of your family member? Happy birthday to "........................." (Write name of your family member)
We Wish you many may happy returns of the Day to "........................." !(Write name of your family member)
Is today an important festival? Happy "..............." to you and your family. (Please enter name of the festival here)
-Congratulations on your son/daughter becoming potty trained.
-Congratulations on your son/daughter's (1st ...234,567,980 th) step.
-Congratulations on your son/daughter passing (First..tenth) grade with grade (A.....F).
-Congratulations on your promotion. -Sorry to hear that your junior got double-promotion and he is your boss now.
-Congratulations to your Junior on his promotion(He is my kid's friend)
-Sorry to hear that your project got over.
-Sorry to hear about your unpaid bills.
-Congratulations..on getting new project ..is it long term ?
-Sorry to hear that your project got cancelled.
-Congratulations on getting new project again..is it long term ?
-Congratulation this project did not got cancelled.
-Congratulations on your new house.
-Sorry to hear that your loan-mortgage got rejected.
-Congratulations on your 2nd baby.
-Sorry to hear that you are expecting 3rd one.
-Sorry to hear that they are twins.
-Congratulations..your wife got the JOB.Congratulations Bhabhiji !!!.
-Sorry to hear that you are still paying her shopping bills.Once again..Congratulations Bhabhiji !!!.
-Sorry to hear that your son/daughter did not get the scholarship for college.
-Congratulations..your son/daughter doesn't want to go to college.
For coming years(another 25-30 yrs)...
- Sorry to hear about your premature retirement(VRS)/suspension.I know all those corruption charges are false and politically motivated.How long is the jail term ? Get on your feets again.
-Sorry to hear that you fell in the bathroom and fractured your back/legs..get well soon.
- Sorry to hear that your daughter is not willing to run away and she wants to have arrange marriage.Big blow to your already depleted bank balance.I hope you saved enough when working (If corruption charges were to be true). Have a big heart..old man.
-Sorry to hear that you had heart attack..but just to make you feel good..cancer is more painful and so is Piles.You should consider yourself lucky that you had heart attack. Get well soon...stand upright.
-Sorry to hear that you lost your mojo(vitality) completely.Don't try blue pill(Viagra) since you are a heart patient. Just to humor you; many of my old age friends use blue pill just not to pee on their legs. :-)
-Congratulations..I heard you got it back although for couple of minutes. How was the feeling ??Did you make most out of it?
-Sorry to hear that you wasted it and got a stress fracture in your hand due to that.
-Sorry to hear about your wife's arthritis. Now she may not be able to walk alongside you in all the ups & downs of your life.
-Sorry to hear that your daughter-in-law is misbehaving with you...may God forgive her and give her good sense.
-Sorry to hear that you haven't eaten for days now, please find attached photographs of delicious dishes. Please do not open dessert attachment if you are diabetic or non-vegetarian one if you are a vegetarian. Please reply how were they? Better than nothing..right?
-Sorry to hear that everyone has come to know about your illicit affair and illegal child...May God forgive you.I know it was just a fling, a one-time thing..went wrong.Take proper care/precautions next time.
- Sorry to hear that your son has thrown you out of your house ..get back soon.
-Sorry to hear that your illegal child has also kicked you out of his illegal encroached house.
-Sorry to hear he also disowned you.(Tell him that he is illegal and not you..he cannot disown you , you can).
-Sorry to hear about fight between your wife and your mistress(mother of your illegal child)..no one is ready to keep you with her( not even your keep). ..Don't lose your heart ..buddy.
-Sorry to hear that you had a heart attack(major) again( told you not to try blue pill and stop seeing your mistress) and you ran out of your insurance..get well soon..please TRY.
-Congratulations..old man.You survived 3rd heart attack.You are awesome.
-Sorry to hear about your sad demise(due to cold-flu)..sorry friend that I don't remember your name(I am running out of memory- just to humor you ...yesterday( or was it 5yrs back) I forgot my wife's name and called her Kareena Kapoor :-) .But were you the one with heart problem or cancer ? Though..none matters now..but nonetheless you were a great man..a great friend..a true admirer of beauty .. father to many(knowns and unknowns)..a man of impeccable character..may GOD rest your soul in peace.Please do not care to reply.Take rest.See yaa soon.
more...
makeup wallpaper of rose flower
ssa
07-13 10:59 PM
I agree. It would be 100 times easier to re-file under EB2 and port your PD individually than to get USCIS/DOL to change their rules (howsoever they choose to interpret it). Just see what % of our previous campaigns were successful in the past in spite of all our efforts...
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
On a related note, after reading this long thread I couldn't help but wish all other IV campaigns (admin fixes, fund raising, house bills) could arouse such passion and involvement from IV members. Now, I'm NOT saying any particular category (EB2 vs Eb3) volunteers more than the other - its just matter of individual initiative, period - but it seems somehow our collective psyche is at ease as long as we all are stuck in the rut as a whole. Efforts to get ALL of us out of this mess do not fire up this much passion..
girlfriend flower wallpaper rose.
rahulpaper
03-24 06:29 PM
We may be missing the issue by this infighting (which is not useful to anyone)
I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.
In my understanding following are the type of employees....
a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).
b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)
c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).
d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.
I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...
Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL
My 2 cents...
I think any firm involved in unethical behavior (immigration / tax/ state laws/employment laws) perspective should get targeted by USCIS/ICE/DOL and mother of all DHS etc.
In my understanding following are the type of employees....
a) Full time employees of large and small Companies like Engineers/Pharmacist/Internal positions/...ex GE/Microsoft/Google/Wellpoint. These guys do not work for "Clients". Usually do not have bench. (there may be some exceptions but minimal unethical behavior is expected).
b) Full time employees who work for large (Big5 and more) and small CONSULTING firms and consult to other organization... They work for specific project at a "client". Get paid at all times when on project and and on bench. (minimal unlawful activity)
c) Full time employees of small mom and pop firms (small business/ grocery store/restaurants etc) Get paid a salary but a lot of perk (which are not on w2 in order to save taxes...and that is unethical behavior).
d) Employee (may be not full time) focused on work at "Client". They are not full time because they do not get paid when they are not on project. Usually smaller "consulting" firms (i would prefer to call them "contracting" firms) do this. There may be many many layers of contracting firms. Each is involved in some sort of unlawful activity.
I think USCIS should/will go after folks involved in unlawful activities like untaxed money paid...wrong skills listed etc etc etc......Lastly, Just because one was able to do this before does not mean it was legal...
Stop the infighting......do not generalize...if you want to generalize...generalize only on 1 dimension...LAWFUL vs.UNLAWFUL
My 2 cents...
hairstyles Rose Flower Wallpaper
BMS
07-10 02:19 PM
After going through this post
I checked my I 94 last entered in 2006 it has different number than other I 94
I am working with only one company since 2004
They wrote company name src number correct on I 94
but number is not same as the one on I 797 bottom totally different
should i get it corrected ? How
I checked my I 94 last entered in 2006 it has different number than other I 94
I am working with only one company since 2004
They wrote company name src number correct on I 94
but number is not same as the one on I 797 bottom totally different
should i get it corrected ? How
nc14
03-22 12:43 PM
My PD is May 2004 in the same category. I think you should have also got your EAD (which gives the safety net). I bought my house in September last year and got a hefty discount from the builder (State - OH). I think, its a buyers market, if you have some stability at your job and if you also have the EAD than it is time to take the plunge.
No doubt, It's a good time to buy (but also depends on where you are located). FYI, I bought a new house in a community which was getting completed and got if for a good price. The good thing about something like this is that since the community is over now, the builder is not competing with the existing home owners for the same buyer.
....................................
My little contribution - $220 till date
Flower Campaign + Sending letter to the President
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
No doubt, It's a good time to buy (but also depends on where you are located). FYI, I bought a new house in a community which was getting completed and got if for a good price. The good thing about something like this is that since the community is over now, the builder is not competing with the existing home owners for the same buyer.
....................................
My little contribution - $220 till date
Flower Campaign + Sending letter to the President
my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard.
GCScrewed
07-13 06:34 PM
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]
I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).
Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.
I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.
Just my observation.
If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.
People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.
This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]
I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).
Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.
I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.
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