ganguteli
04-08 05:12 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
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msp1976
05-19 10:41 AM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
nixstor
05-14 07:28 PM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This means that we have to stay put and work towards our common goal of getting the system fixed.
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jasonalbany
07-04 12:28 PM
Access to Job Market in U.S. a Matter of Degrees
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006
This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.
But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.
Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.
"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."
Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."
The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.
Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.
"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."
But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.
"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.
The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.
The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.
There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.
Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.
Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.
"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.
"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."
One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.
Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.
"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."
Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.
Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.
If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.
"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."
But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.
"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."
David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.
Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.
Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."
"I am really qualified," she said. "Hopefully, I will be able to teach soon."
As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.
"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006
This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.
But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.
Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.
"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."
Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."
The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.
Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.
"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."
But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.
"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.
The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.
The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.
There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.
Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.
Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.
"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.
"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."
One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.
Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.
"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."
Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.
Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.
If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.
"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."
But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.
"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."
David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.
Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.
Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."
"I am really qualified," she said. "Hopefully, I will be able to teach soon."
As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.
"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."
more...
kingkon_2000
04-16 09:56 AM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Congratulations to you and family... seems like things are moving forward for us... Really happy for you...
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Congratulations to you and family... seems like things are moving forward for us... Really happy for you...
trueguy
12-11 06:24 AM
China EB3 also didn't recieve the fair share (as per the law) of annual quota.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
Looks like USCIS doesn't follow any rules whatsoever. They do whatever they like and nobody question them.
more...
chanduv23
03-03 12:12 PM
Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
Thanks.
I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.
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rvanet
06-05 05:10 AM
Soul... That's TERRIBLE!!! golgi... yours is very annoying! :ninja:
more...
vinay.shah73
01-17 03:12 AM
Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.
Here is what USCIS specifically requested:
1. Birth certificates of children
2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
3. Joint income tax returns
4. Joint financial accounts such as bank statements
5. Spousal insurance coverage such as health insurance and life insurance
In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.
Things that I plan to submit:
a) Marriage certificate from India.
b) Joint US income tax returns for 2006.
c) Joint bank statement.
d) Kaiser health insurance for spouse.
e) Joint credit card statements.
We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.
Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.
Thanks a lot!
vinay.shah73@gmail.com
PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.
Here is what USCIS specifically requested:
1. Birth certificates of children
2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
3. Joint income tax returns
4. Joint financial accounts such as bank statements
5. Spousal insurance coverage such as health insurance and life insurance
In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.
Things that I plan to submit:
a) Marriage certificate from India.
b) Joint US income tax returns for 2006.
c) Joint bank statement.
d) Kaiser health insurance for spouse.
e) Joint credit card statements.
We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.
Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.
Thanks a lot!
vinay.shah73@gmail.com
PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.
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sunny1000
02-03 05:37 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar! Good luck and God bless.
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar! Good luck and God bless.
more...
sri1309
12-16 06:27 AM
I know it may be tough and there is a good chance for things to worsen for most here.
I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
IV Core, please do somehting fast..
I am not sure why we dont have IV Action Item on Writing to Obama and the campaign planned.
Please act before it gets worse. If you are in job, just imagine what it would be if for some reasons you loose it. Will you act then?.
IV Core, please do somehting fast..
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sac-r-ten
02-26 04:56 PM
Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
more...
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for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
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vikramaditya
05-01 12:15 PM
i cannot contact my old employer as the company is taken over by another one .I sure can use the old PD but still have to wait for months till i 140 gets approved .This time i have a high chance of rfe and rejection as it is by a small company and for future employement .
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wandmaker
11-21 04:15 PM
cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.
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insbaby
11-12 08:12 PM
If it is a "FOR-PROFIT" organization, they may use you as a "free-service" in place of a "paid-service".
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
If you want to use this experience to get a job, then they will surely question what was your status while working for this company in US, and eventually they will find what kind of organization it is.
If you don't want to use this experience for a future job, it is surely not recommended but it is your choice to take risk, you may be safe until some one complaints.
At the end if it is a "NON-PROFIT" organization, you have a chance to defend.
If you want to go by the LAW, you have to satisfy all subclauses, it is annoying, painful, but thats how they made the LAW :)
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makemygc
06-14 11:02 AM
Bump
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Sorry to bump it. Wish someone could answer my question or could share their experience.
/\/\/\/\/\/\/\
Sorry to bump it. Wish someone could answer my question or could share their experience.
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mchundi
05-17 08:40 PM
Mchundi,
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
Thanks,
I am not even sure if this bill is good for me. (I am EB-2 2003 PD, I140 approved, India, 8th Year H1-B). I am sure this is good for people who r just stepping into the process.
I know u guys r doing a good job shuttling between work and D.C. This is the closest we have ever come with the lawmakers (that i know). If only we had this cohesion during S-1932 days we would have got something. Hope it works out well for us.
--MC
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
Thanks,
I am not even sure if this bill is good for me. (I am EB-2 2003 PD, I140 approved, India, 8th Year H1-B). I am sure this is good for people who r just stepping into the process.
I know u guys r doing a good job shuttling between work and D.C. This is the closest we have ever come with the lawmakers (that i know). If only we had this cohesion during S-1932 days we would have got something. Hope it works out well for us.
--MC
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bala50
08-09 09:38 PM
Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.
Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
sreenivas11
11-16 10:39 AM
Nov' 07 Processing times are not posted yet
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