chanduv23
11-16 03:25 PM
actually I realized the difference bet LC ads and EEOC laws:
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.
What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?
When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.
Per EEOC, they cannot discriminate to hire a person on a visa. But for green card sponsorship, they have to show preference for an equally qualified USC or perm resident.
I know this b/c my employer, while sponsoring a previous H-1b at my firm, during the LC process found a qualified USC. They stopped the gc process, but could not let the person go b/c it is legal to hire an H-1b even if USCs are available.
What practical sense does this make? Once an employer sponsors an H-1b, why would he want to go thru the whole recruiting and training process again to hire a new person?
When it comes to implementation, things vary. Laws are made so that they can be worked around, laws are made in a way that can be interpreted in many ways, laws canbe generalised, they have grey areas. Everything is based on convinience.
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apahilaj
12-03 03:28 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
cjagtap
08-01 11:49 AM
anyone who filed at TSC got receipts? i mean 2nd july guys?
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gkrish
05-31 02:43 AM
count is 366 and going strong...!
Have sent to a few colleagues and friends as well..
Good luck to all!
Have sent to a few colleagues and friends as well..
Good luck to all!
more...
IfYouSeekAmy
04-20 12:02 PM
Good luck with this effort since you are already fighting among yourselves! :D
kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
more...
chanduv23
03-26 02:29 PM
We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.
I think an original offer letter along with latest paystubs is a good way of doing things.
I think an original offer letter along with latest paystubs is a good way of doing things.
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rajakannan
06-28 10:19 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
more...
tnite
07-04 05:26 PM
Medical - 350
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
Gas - 100
Photos - 60
Xerox - 50
Affidavits - 200
Hotel in NJ - 100
Paralegal Fees - 700
I flushed $1560 down the USCIS toilet
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pasupuleti
02-28 07:49 PM
We have a meeting with Zoe Lofgren Staff on March 8th @ 2:30 PM
You could find her san jose office address @
http://zoelofgren.house.gov/ . Let me know if anyone wants to attend this meeting.
This meeting in silliconvalley which is the home for most h1bs. Please come forward to attend this meeting.
You could find her san jose office address @
http://zoelofgren.house.gov/ . Let me know if anyone wants to attend this meeting.
This meeting in silliconvalley which is the home for most h1bs. Please come forward to attend this meeting.
more...
waiting4gc
04-14 04:44 PM
Whichever one of you guys gave me the following red, keep it up.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
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sai66
01-25 08:43 PM
Hi All,
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
more...
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sbabunle
01-31 10:24 PM
Sadly so... Even saddest part is that many of them dont know about
it. Any many who knows don't put a fight either...See the result of monthly
campaigns....
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
it. Any many who knows don't put a fight either...See the result of monthly
campaigns....
Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system
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kumar4875
04-29 02:18 PM
WOW --Right from relationship between coutries tot he pros and cons of war planes we are discussing here.We have people with nice political knowledge per se Ministers and Kings who can analyze how just 11 billion (bully)dollar deal can affect the Green card processing and we have Generals and colonels who knows which fghter plane is good for which country.
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
But still we are able to manage only around 200 for the advocasy event and large amount of donataions which barely met the expenses. what a pity ;)
more...
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eb3_nepa
02-20 10:47 PM
Mercies,
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
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kumar1
08-21 05:46 PM
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
more...
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arc
09-04 06:21 PM
I am interested if there is anyone sponsoring tickets/miles/acco? Wanna fly from SJC to DC and back, I can afford to take a couple days off.
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nag2007
10-15 10:35 AM
Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.
MY Company never wanted to allow another application through PERM.
MY Company never wanted to allow another application through PERM.
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bluekayal
02-27 12:31 AM
I tried putting our flyers at Pacific East Mall, but they only accept "rental" ads. bummer. But that doesn't mean some one else shouldn't try!
thomachan72
05-18 04:19 PM
for those with masters or phd there is already a special quota called EB1. All of the others are not different from one another. if with your MS/PhD you are going to do the same kind of job any qualified person from India would do, what is the need for a special catagory. You have to prove your point then everybody will agree. Just by saying "special quota for MS" we will ask; WHY? show us the reason. I know lot of engineering graduates/MBAs/research scientists who have got MS from here but dont see any special significant contribution. I also know lot of professionals (specialists in medical / other fields) who were trained in the US and are significantly valued all over the world. So to put it briefly, this argument will not work with the law makers. People with PhD and lot of publications / patents / significant contributions etc definitely need a special quota and they already have one. The rest of us are in the same boat friends.
jthomas
05-31 01:46 AM
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