wikipedia_fan
07-04 11:38 AM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
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meridiani.planum
01-15 12:57 PM
my friend, pretty much every place in US in unsafe.
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.
I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!
So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)
from the news: "The motive behind the killing is not known but Murthy, an official of the state-owned Bharast Sanchar Nigam Limited (BSNL), quoted Vishal's friends as saying that some African Americans shot him after an altercation. "
Not to disrespect the read, but people should realize what they are getting into before they get into arguments or brawl. This is not India.
yeah.. I was also thinking about this recently. In India if you get into a scrape its a punch (or two, or three) and people part ways. Here its likely (depending on where you are) the other person will draw a gun.
I tried to apply for a firearm license, but atleast in CA apparently they allow only citizens and permanent residents to apply for one. That sucks. For tax purposes I am a 'permanent resident', but not if I want a firearm to protect my family. The 2nd amendment applies only to citizens!!
So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)
softwareguy
07-22 10:51 AM
You will never be as good!!!
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
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franklin
09-21 12:48 AM
i really appreciate and applaud what you and other members of immigration voice and other pro-imigration groups have done but for personal reasons i believe that fighting the congress is a losing battle and i sincerely doubt if we'll have any pro-immigration bill passed before the 2008 presidential election and when the new president comes this will fall att the bottom of his/her agenda. Look at Bush's tenure he's promised pro-immigration measures since 2004 and squat has happened. The issue is that there a lot of anti- legal and illegal immigration activists and congress members who will make sure nothing goes thru the senate or the house.
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
I respect your right to say this. You must respect my right to say "if you do nothing, nothing will happen"
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payal_nag
06-18 12:50 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
logiclife
05-29 12:36 PM
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
First of all, you dont have a binary choice in the matter such as either you learn 50,000 words and their spellings or go smoke dope. There is a middle ground here.
Secondly, why do I see in company after company, especially in the knowledge industry that a straight A student, like your Kavya here, working for a manager who had been a B- student who in turn works for an executive who was a C- student ?
Get educated ... that's fine. But dont get over-educated such that you are a cripple who cannot think outside the box. Too much education, too many straight As, too many spellings will make you incapable of thinking outside the box, taking risks. Anyways, that's my belief and my opinion and everyone is free to raise their kids in whatever way they deem fit. I for one, would never ask my 2 children to participate in any spelling bee contest.
As far as your desi company thoughts go, it has nothing to do with spelling bee topic. However, let me tell you this. By being holier than thou and telling other people "I got a degree from here and you dumb asses have never been to an American college, so get lost you idiot, this job here is mine..." does not help anyone. Also, no desi companies put a gun to the head of anyone - Indian educated or US educated - to work for them. And let me remind you, there is AN ENTIRE GENERATION of US educated US masters degree holders who had no job after graduating and have been to a desi company to get trained on the real-world software applications. I am sure you know some people yourself, just as I know some people in that situation. If the US masters degree made them super-duper smart, then they would not be knocking doors of desi companies for education after graduating.
I am no fan of desi companies, everyone here knows that. But don't preach a holier than thou sermon to everyone who doesn't have a US degree. Because your US degree isn't worth a bucket of warm spit when it comes to getting a job.
more...
EBX-Man
05-31 10:58 AM
EB3 is not working, because we have no hope, not because we all went back or have ported.
h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.
Surprising when i say thE same i get a lot of reds :D
h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.
Surprising when i say thE same i get a lot of reds :D
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gc_coming
09-23 08:22 PM
Hi Gurus,
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
I am in a unique situation and your valuable advice is highly appreciated. I worked for company A for 3 years and filed my 140 and 485(july 2007). I quit the company in may this year and joined another company. My 140 was approved on 06/16/2006. recently my previous employer revoked my I-140. I got a notice from USCIS that my I-140 and I-485 has been withdrawn. As per my new attorney since i meet all the conditions for job porting (180 days, 140 approved, and same job profile), no one else other than me can withdraw my I-485 application. my attorney filed an MTR today. Can i work while my MTR is pending. Is Withdrawal acknowledgement notice is same as denial notice ? please help
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pappu
08-27 02:34 PM
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
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kittu1991
08-26 04:32 PM
Forgot to mention "Good luck with your GC in Sep..
Same to you. Do you have any update on your case or do you know the status of your case?
Same to you. Do you have any update on your case or do you know the status of your case?
more...
zerozerozeven
08-11 08:19 AM
DOS should have added this in the bulletin
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
For all EB2-Is, thanks for checking the visa bulletin....see you all in Jul 2011
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frostrated
07-06 12:02 PM
What is the benefit of applying for an OCI card for the kids and how long does this process take?
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
the kid does not need a visa to enter India. Also, if you go on a visitor visa, then your stay is limited to 180 days at the max. On an PIO you can stay how ever long you wish to, but after 180 days, you need to register with the district police station to get a certificate of extension. this is usually valid for about 2 years. you can renew that every 2 years.
If you are on an OCI, then the above restriction on PIO does not apply. You have all the prvileges of an India citizen, except that you cannot vote and hold agricultural land.
I am not sure about sutdying at Indian citizen rate. You might have to pay the fees in USD, if i am not mistaken.
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punjabi77
08-14 10:01 AM
Can you make modification to the letter, like Hr5882 has passed the sub-commitee and waiting for the approval in the next phase.
also this bill is for Skilled legal immigrants only and has nothing to do with the illegal immigrants.
One benefit of passing this bill will also boost the economy as skilled legal immigrants will be in the market to buy new homes (clrealry mentioned in the statement of Greenspan).
last time is sent this letter to senator in Ga, he replied back in regards to increasing the number of H1B..Yeah he replied for h1B and he wrote a long email. this time i am going to clear his confusion..
also this bill is for Skilled legal immigrants only and has nothing to do with the illegal immigrants.
One benefit of passing this bill will also boost the economy as skilled legal immigrants will be in the market to buy new homes (clrealry mentioned in the statement of Greenspan).
last time is sent this letter to senator in Ga, he replied back in regards to increasing the number of H1B..Yeah he replied for h1B and he wrote a long email. this time i am going to clear his confusion..
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wizpal
12-13 11:03 PM
This was discussed earlier. Jaime proposed it and lot were interested in doing in it..may be this is the right time for us revisit it.
It works this way.. Each of us need to send their local senators a stopper and a personalized memo saying 'tax paying legal immigrant since year <ur year of entry>..no green card because of country cap limit and visa number wastage each year by USCIS..We would want congress to pass a legislature to recapture the unused visa numbers. We are NOT asking for H1 increase.. The reverse migration is already in progress and might become severe without any congressional inaction.'
This could work because we have atleast 2000 active members and there are around 100 senators. If each of members could send a stopper(cost around 10 dollars each) to two senators, each of the senators would receive forty to fifty stoppers. It will atleast gain us the much needed Media publicity.
The problem with us is most of the members don't want to show up in public. I hate it but to make thousands to walk on streets it takes a lot of money and effort and at the end not many people would show up.
I know I am ignoring the house representatives completely..but we make enough noise with senators it might just serve the purpose. Moreover, I think te house is not that against legal immigration.
Any thoughts..
It works this way.. Each of us need to send their local senators a stopper and a personalized memo saying 'tax paying legal immigrant since year <ur year of entry>..no green card because of country cap limit and visa number wastage each year by USCIS..We would want congress to pass a legislature to recapture the unused visa numbers. We are NOT asking for H1 increase.. The reverse migration is already in progress and might become severe without any congressional inaction.'
This could work because we have atleast 2000 active members and there are around 100 senators. If each of members could send a stopper(cost around 10 dollars each) to two senators, each of the senators would receive forty to fifty stoppers. It will atleast gain us the much needed Media publicity.
The problem with us is most of the members don't want to show up in public. I hate it but to make thousands to walk on streets it takes a lot of money and effort and at the end not many people would show up.
I know I am ignoring the house representatives completely..but we make enough noise with senators it might just serve the purpose. Moreover, I think te house is not that against legal immigration.
Any thoughts..
more...
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BharatPremi
10-25 04:45 PM
I have nothing more to say guys. what some people are saying is logic and what i'm saying is the fact.
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Yep, that makes sense. Now only puzzle remained is USCIS approved your case during 10/19-20/07 and EB3-ROW is not current but hey it is USCIS.Anyway, buddy, Congrats and please keep us visiting.:)
Anyway, My lawyer used the PERM. right after i received my Labor I had to renew my H1b which took 6 months (regular processing). After i received my renewal I sent my I-140 application. I didn't even bother to use the premium processing for my i140 because the i485 was not current that time, instead it way way back as a EB3. anyway, you know the rest of the story.....
Yep, that makes sense. Now only puzzle remained is USCIS approved your case during 10/19-20/07 and EB3-ROW is not current but hey it is USCIS.Anyway, buddy, Congrats and please keep us visiting.:)
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ashres11
08-27 02:21 PM
It's kilmer, Edison
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Hassan11
02-08 03:44 PM
I am in a similar situation. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bechelor degree even though I have a masters degree then I filed for the I-140 (priority date May 2005). then I got a promotion to a senior financial analyst which requires a masters degree. so I automatically could apply file a second LC to file under (category 2 which is current). however my cecond LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal in Sep 2006 and I ve been waiting since then. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
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drsnh123
06-18 06:39 PM
hello friends,
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
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BECsufferer
05-13 02:04 PM
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
sandiboy
07-20 02:43 PM
Why do we even have to ask about Jul 2nd acceptance. I feel if you ask them they deliberately try to misguide you. Isnt the day Jul 2 a part of July month?? Since the previous July bulletin has be reinstated, in fact people who filed on Jul 2 should be at the top of the list in terms of getting receipt notices etc...
eb3retro
09-23 03:02 PM
its the same old freakin horse shit..politics at its core...:mad::mad: