samay
07-21 08:23 PM
Hi,
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.
Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?
Thanks in advance!
Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.
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dvb123
02-14 03:00 PM
Since the lawsuit is about the getting the lost visa numbers it will be a good case.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed
The law does not mention anywhere that u cannot recapture numbers.
aps
09-23 02:57 AM
IV is started for one cause, that is to eliminate the unfair country quota and speed up the green card process. Let us stick with that.Do not divert by introducing these kind of proposals.
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
Few weeks before there was a fight between eb3 and eb2 applicants on this forum. Now you are starting a new group which favors who has money. This is not good. Let us unite and focus on one goal. I am not supporting this idea. Please drop this.
aps
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samay
07-14 06:33 AM
I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
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Jerrome
09-24 10:24 AM
When can I get my gc based on these uscis data for sept 2005 eb-2.Please suggest me.
100% by this time next year.
100% by this time next year.
H1BinNY
07-04 10:07 AM
OK, so here is a list of all the people at NPR. Their email is first initial+lastname@npr.org.
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
For example:
John Doe
jdoe@npr.org
http://www.npr.org/templates/people/
more...
snathan
01-15 09:15 PM
USA was like that for past 100 years. Many times Protectionist bills were passed and many times they were relaxed in past. There will be impacts but it will not bring down the country just because they block a few thousand H1bs. If USA needs to go down there should be some other alternative country should come up relative to that level. India and china have a potential but nowhere near to that for now as they so much dependent on USA and dollar.
Stop your crap...your argument is irrelavent and does not have any logic.
Stop your crap...your argument is irrelavent and does not have any logic.
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ivar
06-15 02:52 PM
Dilips post is fine only in parts but most of it is totally crap. He says his living standard has gone down because of L1s and H1bs and herds people coming from india, Dude you need to understand that this recession has not been caused by H1b and L1s or other IT workers coming to US, its because of the real estate boom and foolishness of american people who believed that real estate prices will keep on rising to INFINITY.. i don't have to explain how this recession started i hope majority of the people knows about it.. so stop blaming IT workforce for your living standard.. another example.. just seen what happened to GM and chrysler.. they failed to understand the market for small cars and fuel efficient cars.. instead they produced gas guzzlers like hummers.. so do you think they have the brightest minds. We are in this deep shit because of the situations created by americans for themselves and now they want to blame it on legal immigrants for there wrong decisions..
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.
I believe in destiny or lucky whatever they call it.. its not always that brightest get their GC. I wished i was that bright and intelligent person to predict July 07 fiasco but unfortunately i quit my company in Mar 07.. and i know some people who used subsititued labor in July 07 have their EADs with them. Don't think just by getting a GC or citizenship will certify that your the brightest of all still waiting in the GC queue. I am not sure how many people believe in luck... but i do. I don't matter how bright you are and how hard you work you need some luck also..
Thanks
The moral is GC comes to those who are lucky and apply for it. Its not true that always the best and brightest will only get GC. If the person is technically good or has good apptitue the best he can do is hang on to his job for years and also pray that his company doesn't go bankrupt (there is not fault of this bright employee :D in this case). Dilip was talking about some flush, this flush will wash all the bad apples and also some good apples.. good people also leave after getting frustrated with immigration system (of this developed nation, which doesn't keep track of its visa numbers, moves dates forward backwards by two years :D big joke They can't even predict visa dates. ) Instead of coming up with bill for fixing the credit market and financial system, he(Grassley) should concentrate more on strict reforms and more regulation for financial system, the root cause of recession instead of beating around the bush with immigration system.. He is trying to use the emotion of the local people.. those who have GC fall for such policies because they know they are ahead in the queue and more jobs will be available to them if few IT works immigrate (There are lot of jobs for citizens and GC only). I wished alteast the ones who have suffered throughout this GC journey will understand the pain of other people. Getting a GC should not change the attitude completely.
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samay
08-03 07:24 PM
My I 485 is pending(July '07 filer.) When applying to a university, how should I indicate my status? There are not many options to choose from: permanent resident, resident alien, international student, or other visa type.
Thanks!
You can chose the option of other visa type and state your status as I-485 pending or parolee.
Thanks!
You can chose the option of other visa type and state your status as I-485 pending or parolee.
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poorslumdog
09-04 12:26 PM
Pappu,
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
You should have guts to reveal the ID of this Insider who is misusing his power to expose personal details of IV members.....Is this what what you mean maintaining confidentialty of Individual members????
You and me are just another free loaders. What IV is going to lose if move out. add some value before you start threatening.:D
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gc_chahiye
06-28 07:41 PM
I suggest that you do this: Send the URL from AILA's memo about what happened to EB3-other worker category in June. And copy your HR and senior folks of your company when you email lawyer. That will tend to focus the attention of your lawfirm and they will either have to say "We will file asap" or they will have to say "AILA's memo doesnt mean anything".
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
I bet they will come back with the former conclusion.
Apparently, these lawyers have been too conditioned to work 30 hours per week and now, having to work 60 hours per week is too tough. NEWSFLASH LAWYERS : We idiots in IT and software very often work long hours to meet project deadlines. Its a part of life. Get used to it or like I said before, find something else to do. Like basket weaving or poetry writing so that you dont have to see deadlines and dont have to burn midnight oil.
This deadline is meaningless for them. We are not going anywhere. If dates retrogress, then we'll simply come back to them after 2 years or whatever.
Unless the senior folks in your HR department specifically ask them to file asap, they wont.
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BharatPremi
09-24 12:06 PM
I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
EB1 Overflow ---> EB2
EB2 Overflow ---> EB2(I)+EB China
That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.
As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
Best case scenario considering more than 30K spill over it would be end of 2006.
You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.
One thing for spillover is sure and that is it is happening at the end of a year. If we read the Visa bulletin 2 methods of spillover can be derived.
1) Spillover within preference first and then to country
Example: additional numbers of EB2- I go to EB2-M/C and after that any left ones go to
EB3 category
2) Spillover within contry first
Example: EB2-I - any extra numbers go to EB3-I and still left go to "unused" ready to be used by other oversubscribed country.
Now USCIS may be doing spillover by any of these methods or combination. I think none of us have exact proof which way USCIS does spillover.
In analysis we need to assume one or other path and that is what I did.
Yes, current new influx of applications is a major item to factor in but I was working on the data what USCIS published and it has not published current influx. Every month calculations get changed.
more...
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senthil1
06-15 11:54 PM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
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sri1309
09-23 07:23 AM
I would still puruse removing quotas unconditionally. Not everyone will want to buy a house here. We can always propose buying houses will help fix housing crisis, but that shouldnt be a must.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.
Sri.
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dealsnet
09-03 11:22 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
If you don't know the difference between Policies and Politics I cannot help it.I'm talking about policies created by Govt in Power
That's all I can say....Good luck
CHANDUV23
And your ID is revealed _TrueFacts....That's all I can say and which u are very well aware of.
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knowDOL
08-03 04:21 PM
The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.
Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.
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Picasa
07-27 03:58 PM
Did he run away with tail between his legs.
Kishmunn .... you take the bull by the horns.
Kishmunn .... you take the bull by the horns.
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Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
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h1techSlave
01-19 01:37 PM
You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
nfinity
07-03 05:16 PM
Ramus,
used the web link on the senator's website. No subject line was available. Is there an email address I can use? I am going to take an hour today and send emails to reporters.
used the web link on the senator's website. No subject line was available. Is there an email address I can use? I am going to take an hour today and send emails to reporters.
garybanz
12-14 02:35 PM
I still dont see any discrimination on the existing laws. The number of visas divided equally to all countries.
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
Why not divide equally across all races? or all kind of jobs? or different ages? or color of eyes? ...left hand right hand? Yankee fans and red sox fans?
Why not divide all the jobs in USA equally among some of the above categories?
EEO does not say take the total pool of jobs and divide it exactly equally among all the race, color, religion, sex, and national origin or for that matter any of the categories I mentioned. EEO says every one gets an equal shot at the job.
Do you understand the discrimination now?
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