raysaikat
08-15 11:08 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
No. You need to stay with your "latest" employer (with whom the job description should be same or similar to the job offered by the original GC sponsor).
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casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
willgetgc2005
11-17 01:23 PM
And you are betting that EB will be in CIR. May or maynot be the case.
CIR may just have H1 B .
Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
CIR may just have H1 B .
Seems bleak.SKILL is the best bet. Politically, they will want CIR to linger on so they can bicker......
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
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akred
06-03 02:17 PM
akred,
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
more...
lj_rr
09-01 12:31 PM
It will be good if someone can provide the exact steps.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
antihero
11-27 12:51 AM
I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.
Hi Guru,
So did you have any other US visa in your passport, or were you carrying just AP document?
Hi Guru,
So did you have any other US visa in your passport, or were you carrying just AP document?
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logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
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blondhenge
05-22 09:25 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
more...
gc28262
03-27 10:05 AM
I entered on H1 not AP. Hope this is safe :).
Yes, you should be.
Yes, you should be.
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ebizash
08-25 02:17 PM
poorslumdog,
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
more...
neha_garg123
01-07 09:04 PM
I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.
I applied for H1-B in FY 2008 under master quota from a small consulting company B.
My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?
Thanks,
Neha
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.
I applied for H1-B in FY 2008 under master quota from a small consulting company B.
My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?
Thanks,
Neha
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needGCcool
08-29 07:53 PM
Its very ambiguous.....on one hand they say:
and then they also say:
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Yes, we cannot call them till processing date > received date + 30 days!
and then they also say:
So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:
Yes, we cannot call them till processing date > received date + 30 days!
more...
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arunmohan
04-06 12:44 PM
Friends ,
Count me in,I live in Tucson.
Count me in,I live in Tucson.
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senthil1
11-17 03:12 PM
Yes it is true. I remember companies like Cisco did not file for a few years from 2001 after they were doing layoffs because of the restriction by DOL. Then they restarted after 2004
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
more...
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smisachu
12-13 03:59 PM
Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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h1techSlave
07-17 11:24 AM
It is difficult to arrive at hard numbers using these kinds of analysis.
For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".
In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.
The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.
Hello All,
I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.
We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.
I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.
These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%
This can be bad example but it was just to put a point forward.
Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.
Thanks,
M.
For example you say "Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%".
In reality there are no such human being exist. When a person comes here, he/she does contribute to the society. The person may not be in any official pay roll, but he buys stuff, he does work (in the house at least), he consumes services etc. Now such behavior by the hypothetically low skilled person has a positive contribution to the economy. May be the person took care of the house hold chorus of a young family, enabling the mom to take a Masters in computer science. Fast forward two years, the couple starts a successful software company which employs dozens of Americans.
The story line that you give is the same argument that NumbersUSA gives, which is that an additional person is just a job stealer; but I disagree.
Hello All,
I want to start an interesting discussion - not sure whether a thread already exists or a similar discussion has already taken place.
We all know about the current state of the economy and current unfortunate unemployment rate. We all also know that majority jobs lost are in construction, manufacturing etc. We also know that some people (who have no other choice) are targetting legal EB community as if they are responsible for all this mess.
I want people to discuss the other things like DV Lottery, Chain Family Migration or any other popular programs from labor/unemployment point of view. Please no intent to discuss it from any other angle at all.
These forms of migration bring a lot of uneducated (or less educated), unskilled (or low skilled) population/labor into the country which contribute higher for the unemployment rate (for both numerator and denomenator - rate = # unemployed/# total).
example: suppose in a hypothetical community of 10000000, 300000 are unemployed. They have 3% of unemployement rate.
Supposed 30K unskilled (or low skilled) labor is added (which neither creates jobs nor are employed). Now if they are added, the rate becomes 330000/10030000 or ~ 3.3%
This can be bad example but it was just to put a point forward.
Are there any statistics (again?) available about the effect of DV, chain family migration or any such program in the last 10-15 years towards the unemployment rate today? A lot of unskilled (or low skilled) labor was added to the economy which was OK during upward economy but cannot sustain at all in down economy like this.
Thanks,
M.
more...
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jonty_11
03-02 02:25 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
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wellwisher02
03-27 03:39 PM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
Agreed! Let's think positive that it will move forward.
Agreed! Let's think positive that it will move forward.
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dionysus
01-29 06:19 PM
True. We are all turning amateur lawyers by now. Our resumes should have a line saying experience includes, but not limited to, decoding complex USCIS regulations, preparing legal communications etc.
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
jsb
03-25 03:47 PM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
diptam
07-27 10:12 AM
Vikram Man,
You are awesome - Thanks for your help..
Diptam
You are awesome - Thanks for your help..
Diptam
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