msp1976
02-13 10:01 AM
The problem of contacting media with "stories" is that you don't want people who are just hanging by a thread; just trying to stay in status and having all sorts of hardship because they want to stay. It feeds into the fact that there are a lot of people here which the country doesn't need. Discussing layoffs or threats of layoffs or employer abusing, etc., feeds into the perception from an outside person that there are too many people here not doing specialized work that an American is not able to do.
In fact this is a very valid point ..... We should be careful about what kind of stories we diseminate into media .... If we are just giving stories in which people apperear to be grovelling to stay on at whatever cost is not good for us as I think...
In fact this is a very valid point ..... We should be careful about what kind of stories we diseminate into media .... If we are just giving stories in which people apperear to be grovelling to stay on at whatever cost is not good for us as I think...
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little_willy
06-14 11:38 PM
Interesting points. I have a question. When changing employers, after 180-day portability period, do we need to use the EAD or can the new employer file a new H-1B petition on your behalf essentially keeping your non-immigrant status valid at the same time your I-485 applied through your previous employer is still pending. Thanks.
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Macaca
09-22 09:22 AM
Everyone has his burden.
What counts is
how you carry it
Merle Miller
What counts is
how you carry it
Merle Miller
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nrakkati
03-20 08:36 PM
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
Yes. Your assumption
"you never worked for X and has been working w/o break with #2 ... u said, I believe"
is correct.
Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.
When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.
Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.
Thanks for your input.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
Yes. Your assumption
"you never worked for X and has been working w/o break with #2 ... u said, I believe"
is correct.
Only thing that I want to point out is - Employer X sponsored my H1B (i do not know it is new H1 or transferred), but never moved from current Employer. Maintained valid status with current employer.
When it comes to immigration stuff, I would not do any 'wrong doing' intentionally, not even as a last option.
Not sure if I crossed the line here (obviously unknowingly) by having H1B with 'employer x' , but I was told it's all legal.
Thanks for your input.
more...
pushkarw
11-15 06:04 PM
I have just sent an email to the public editor of the New York Times. Let me know if you wish to see the contents of the email. How do I become a member of my state chapter. I am based out of Kansas.
mariusp
06-13 08:46 PM
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
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days_go_by
03-08 05:09 PM
based on country of origin, why even aus? is it because their spouses are more productive than our spouses? or is it because most aus are white,
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simple1
08-07 05:51 PM
To Simple1
�. Really need a lion's heart to pursue US GC now days
I fully agree.
I am no lion, if nothing moves in next 6m, Will be calling quits and head back.
�. Really need a lion's heart to pursue US GC now days
I fully agree.
I am no lion, if nothing moves in next 6m, Will be calling quits and head back.
more...
krishmunn
03-26 12:31 PM
, if they were EB2 candidates why they didnt file on EB2 category at first, if now they think they are qualified then they should start new process.
BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3
In many cases the question is NOT about qualification of the applicant but the policy of the company -- lump all in EB3 so that the employee stick to company endlessly. If you think porting is unfair, Citizens and LPRs think H1B and entire EB GC process is unfair ...
Disclaimer: I have Never filed in EB3 . My first and only filing is in EB2.
BTW. they will create a big retrogression for EB2 then EB2 people have to port to EB3
In many cases the question is NOT about qualification of the applicant but the policy of the company -- lump all in EB3 so that the employee stick to company endlessly. If you think porting is unfair, Citizens and LPRs think H1B and entire EB GC process is unfair ...
Disclaimer: I have Never filed in EB3 . My first and only filing is in EB2.
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txh1b
08-21 06:00 PM
but Indians (I am also an Indian -:) are a little reserved....I do not see a greeting from fellow Indians that easily.....again I am not saying Indians are bad (cause I too am one -;)
...
No, it isn't the culture thing but it is the Amway/Quixtar thing. If one says hello or hi and has a smile on their face, 9 out of 10 times it isn't the person trying to be friendly but for a reason...The great pyramid scheme!
...
No, it isn't the culture thing but it is the Amway/Quixtar thing. If one says hello or hi and has a smile on their face, 9 out of 10 times it isn't the person trying to be friendly but for a reason...The great pyramid scheme!
more...
go_guy123
08-21 05:26 PM
I guess it depends... I would prefer to slog with weather in Canada for 3 years and get citizenship instead of stuggling for 4-5 years with desi consultanting company to get GC. My sixth year is about to start in december 2009 and employer has told that they will not sponsor GC. I am planning to take citizen ship from Canada and then move back to India. That way, anytime I want to come back to US/Canada doors will be open. I guess, there is no right or wrong answer, its a matter of choice.
In fact, I also thought like you. I decided to do an MBA , so out of that 3 years 1.5 years were used up by my MBA.
In fact, I also thought like you. I decided to do an MBA , so out of that 3 years 1.5 years were used up by my MBA.
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svam77
07-19 11:13 PM
u can, if ur labor is current for july bulletin ...
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gk_2000
03-27 12:51 AM
EB3 porting is a loophole like labor substitution.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
Thats what i am saying. Agreed.
Reminded of Hannity show. Two idiots coming together and agreeing on stupid stuff. Again, you need to review your core concepts. It is NOT about "eligibility" in terms of a paper degree. Dont assume you know what was in the minds of the people that made the laws.
when I came here 6 yrs ago, I had the option of applying in EB3 with a top 4 consulting US firm and I did not want to go that route. I waited until 2010 to apply in EB2.
Looks like People should come to the US as freshers or with 1-2 yrs experience > Apply in EB3 > Gain 5-6 yrs in experience > Port and BOOM, you have your GC.
How can people claim PD porting at a later date when they were not eligible on that specific date in the first place at that time? I know it's legal just like Labor Substitution.
Thats what i am saying. Agreed.
Reminded of Hannity show. Two idiots coming together and agreeing on stupid stuff. Again, you need to review your core concepts. It is NOT about "eligibility" in terms of a paper degree. Dont assume you know what was in the minds of the people that made the laws.
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smc
06-08 06:36 PM
Perhaps we should try to lobby Cantwell (as she seems sympathetic) to increase the number of EB green cards to clear the backlog, if the CIR comes back.
Just a thought.
Just a thought.
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bondgoli007
09-29 01:10 PM
Thomachan,
We need more people on this forum and in the world like you!!
Very humorous insight and practical perspective.
We need more people on this forum and in the world like you!!
Very humorous insight and practical perspective.
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kannan
05-17 06:00 PM
Done
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Hermione
09-27 01:49 PM
That is actually not true. Approval will not become quicker if speed is not improved.
The ONLY reason there were a LOT of approvals in May through Sept was that there was a sudden jump in PDs that allowed a LOT of people whose applications had been approved pending visa availability could finally be assigned a number. USCIS didn't all of a sudden dramatically increase their productivity, there were just a lot of people waiting for that number.
Of course, Numbers matters too - but more numbers without extra speed will get us nowhere. If that were to happen, there would just be more visas wasted each year that we'd be asking for recapture
But I do agree that "skilled and diversity" makes no sense.
Could you please translate this into layman's English? What you appear to be saying is that speed (CIS efficiency) is more important than number (quotas), but your expample confirms that cases are stuck because of number unavailability (quotas), not because of CIS inefficiency. You got your own green card in three months, did not you? That tells me that CIS darn well capable of processing applications in a timely manner.
The ONLY reason there were a LOT of approvals in May through Sept was that there was a sudden jump in PDs that allowed a LOT of people whose applications had been approved pending visa availability could finally be assigned a number. USCIS didn't all of a sudden dramatically increase their productivity, there were just a lot of people waiting for that number.
Of course, Numbers matters too - but more numbers without extra speed will get us nowhere. If that were to happen, there would just be more visas wasted each year that we'd be asking for recapture
But I do agree that "skilled and diversity" makes no sense.
Could you please translate this into layman's English? What you appear to be saying is that speed (CIS efficiency) is more important than number (quotas), but your expample confirms that cases are stuck because of number unavailability (quotas), not because of CIS inefficiency. You got your own green card in three months, did not you? That tells me that CIS darn well capable of processing applications in a timely manner.
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bitzbytz
09-25 12:20 AM
need specifics
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mundada
01-12 09:48 AM
Here we go again!
It can be shown that per country quota leads to (unintended) discrimation at employment and hence the GC per country quota is illegal.
Employment based GC per country quota => A very long wait (eg. more than 3 years) in same or similar job position for people born in only few countries => Hinderance to career growth because one cannot advance from engineer to managerial position even though he/she is qualified for the promotions while his colleagues from other countries can => Person from an oversubscribed countries such as India does not have equal opportunity to career advancement because of a very long wait time difference between people born in these 2 or 3 countries and people from all of the other countries.
Key Point: Equal opportunity employement advancement is protected by "Title VII of the Civil Rights Act of 1964 (Title VII)" and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment.
National Origin Discrimination & Work Situations:
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
National Origin Discrimination (http://www.eeoc.gov/laws/types/nationalorigin.cfm)
Someone with more than 3 years of wait and still in same or similar job description should definitely be able to file a lawsuit against the US Government and claim compensation for the lost opportunities.
It can be shown that per country quota leads to (unintended) discrimation at employment and hence the GC per country quota is illegal.
Employment based GC per country quota => A very long wait (eg. more than 3 years) in same or similar job position for people born in only few countries => Hinderance to career growth because one cannot advance from engineer to managerial position even though he/she is qualified for the promotions while his colleagues from other countries can => Person from an oversubscribed countries such as India does not have equal opportunity to career advancement because of a very long wait time difference between people born in these 2 or 3 countries and people from all of the other countries.
Key Point: Equal opportunity employement advancement is protected by "Title VII of the Civil Rights Act of 1964 (Title VII)" and hence the Supreme Court can overturn the per country quota limitation if the Supreme Court finds that the per country quota leads to discrimination at employment.
National Origin Discrimination & Work Situations:
The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
National Origin Discrimination (http://www.eeoc.gov/laws/types/nationalorigin.cfm)
Someone with more than 3 years of wait and still in same or similar job description should definitely be able to file a lawsuit against the US Government and claim compensation for the lost opportunities.
heywhat
09-21 09:28 PM
just changed job and Sep 18th was my first day at new job. Because of some silly mistakes of paralegal from previous company I have to restart my GC journey from scratch ...:(. Actually I do not need GC just need EAD for my wife.
Contribution til date:
1> Introduced 4-5 friends and they are now IV members ..
2>I tried to motivate friends to participate in rally who really wants to settle down here(Due to family reason I am not planning to settle down in US.).
3>I have been in constant touch with my senator Mr. Kohl(from WI) and his Immigration department. (His immigration department helped me a lot for my mom's visitor visa.)
Contribution til date:
1> Introduced 4-5 friends and they are now IV members ..
2>I tried to motivate friends to participate in rally who really wants to settle down here(Due to family reason I am not planning to settle down in US.).
3>I have been in constant touch with my senator Mr. Kohl(from WI) and his Immigration department. (His immigration department helped me a lot for my mom's visitor visa.)
girijas
09-12 11:18 AM
Republicans are generally more amenable to legal immigration fixes than Dems. While not all of the Dems are bad, most of them dont care about legal immigration -- they just want the illegals. If it were not for these Dems, 5882 would have sailed through by now
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
I am sure NoBama will say CIR. illegals first. etc. etc.
I am not sure how much the next president will affect the passage of the bill through the two houses since they were majority democrat and will continue to be majority democrat. Senate is projected to continue to be majority democrat even after the upcoming election (when 1/3th of the Senate seats are up for election). A Republican president might not veto such a bill. Not sure if Obama would veto a bill which has passed through a democratic majority vote. Just a thought........I could be wrong.
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