gk_2000
08-10 08:39 PM
I have no intention of playing spoilsport if you are taking some good faith initiative. In fact, if there is some campaign launched on this - I will probably even contribute (well - if you are doing something in good faith for a community then I have a moral obligation to support it if it is not harmful for the community).
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
You are absolutely right in pointing out the need to really see the law. I just dived into it. I will try to study it more thoroughly, as there are possibly multiple places we could explore in the language; not just this one. If I get more ideas I will come back and post them here.
I request all members to participate in the other thread discussing the various provisions of the INA
However, this part "I would contend that this statement is on a year to year basis" souonds wishful to me based on my understanding of what the immigration law says. I spent some time going over the law a couple of years ago - so its possible that my memory may be failing me. If you can show some place in the Immigration law that actually supports this reinterpretation then I will correct myself.
You are absolutely right in pointing out the need to really see the law. I just dived into it. I will try to study it more thoroughly, as there are possibly multiple places we could explore in the language; not just this one. If I get more ideas I will come back and post them here.
I request all members to participate in the other thread discussing the various provisions of the INA
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Jaime
09-10 03:26 PM
Lose A LOT of money if you get laid off and forced to leave the U.S. - If you have a 401 K and the broken immigration system forces you to leave the U.S. in the self-induced U.S. Reverse Brain Drain, you have to leave all your savings behind and use them until you retire in your home country (yet cannot contribute anymore and thus money stops compounding) or take the money to your home country after taking a huge hit from early withdrawal penalties.
gc_chahiye
12-21 12:54 AM
He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.
unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...
the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.
unfortunately even if the employer screwed up, if an employee in H1-B does not get paid, he is out of status and pays the consequences. Does not matter if employer stopped paying suddenly or whatever else...
the OPs travel outside US and back after this out-of-status is what has 'saved' him in this case, since the out-of-status clock got reset with that re-entry. Also, 180 days of out-of-status past your last re-entry is forgiven. This might still come up in an interview, but cannot be grounds for denial from what I know.
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am4gc
09-26 10:49 AM
Dear Editor and Eilene Zimmerman,
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
Your statement as following has put the marching on capital hill in wrong context:
"Charnock is one of a groundswell of entrepreneurs and advocates for immigrants who say Congress needs to raise the cap on H-1B visas to help the economy. Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill. "
Marching on Capitol Hill mentioned in the article is NOT about increase of H1B but to request congress to fix the legal immigration system through which these H1B high skilled workers who come to USA in a temporary status become permanent. This is called green card process. Currently to become permanently employed in USA takes 6-12 years for these H1B high skilled workers. This makes their life status probationary as they have to go through various governmental procedures to maintain their status, travel abroad.
Green card process has proved that no US worker is available for the job these high skilled workers do. After proving this, it may take 6-12 years to become permanent worker because per year per country quota. About 50-60% of these workers come from India, China because these two countries possess 40% of world population. So naturally lot of talented people will come from there. Now if we make a quota saying only 14 % will come from these two countries, naturally there will be delay for the worker from these two countries. We demand these per country quota be removed from these high skilled workers’s green card process.
Per year quota of Green card is generally less than the number of high skilled worker apply for green card. Last 3-4 years this quota is not fully utilized because of slowness in process due 9/11 incident. So there are about 60,000 unused visas which were supposed to be available from the quota to these workers. According to law, this unused visa cannot be available. This also increases the wait time.
When these high skilled workers comes to USA under H1B program, their spouse and children are NOT counted for the quota, but when they apply green card, their spouse and children are counted for the quota, resulting huge queue.
Thanks,
XXX
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EB3_SEP04
05-26 05:58 PM
It has nothing to do with guts but common sense. When a police officer asks for your driving license and registration, would you be silent or even ask for an attorney quoting your rights ? The law clearly states (read my previous post on this thread), within 100 miles of International border, border patrol officer can ask for your immigration status, if you say you are not a citizen (see Desi3933's post as to what can happen if you say you are a citizen when you are not). If you refuse to produce proof, you can be arrested, plain and simple.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
You missed the point totally ! it's not about just excercising my right or giving hard time to the authority, it's about resisting/protesting the STUPID law in every legal manner possible. when they ask for DL they don't do that without suspicion, or they don't do that only to the non-citizens, i hope you see the difference. AGAIN, in any civilized society people should not be stopped/searched/questioned without any suspicious activity. I hope i am clear enough this time.
pcs
11-11 05:45 PM
Pl reply, if you want to join me...
we will plan, find the money and execute it....
we will plan, find the money and execute it....
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senthil1
01-09 02:05 PM
In the consulting job there is no such thing called entry level. Generally consultant means he should be expert in that area.
If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.
Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...
If anyone trying thro consulting companies(especially Indian bodyshoppers) they will make you 5 to 10 years of experienced candidate after 5 to 10 days of training. Clients will be charged 100 to 150 dollars per hour and consultants will be given 20 dollars per hour(no bench). Entry levels are mostly in companies like Intel.Microsoft and many other companies. It is very easy to find a company than a candidate. You can find by googling.
Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...
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conundrum
11-07 04:46 PM
Bump ^^^^
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ArunAntonio
04-23 05:54 PM
[/QUOTE] Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]
Logic Life -- YOU ROCK MAN !!
Logic Life -- YOU ROCK MAN !!
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indianindian2006
07-14 06:29 PM
The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.
What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.
What I have read is that it is critical that his 140 remain valid upto 180 days after filing 485 or the 485 is dead.Correct me if I am wrong.
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calgirl
07-20 02:33 PM
Few employers and few lawyers didn't apply for EAD/AP on July 2nd. My employer said they applied for 485 but not EAD/AP. They will wait for receipt notice and then apply for EAD/AP.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
After Aug 17th, can we still apply for EAD/AP knowing dates won't be current.
Thanks.
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sri1309
03-30 03:09 PM
Number USA is ready to kill our bill. If we introduce at time nothing is going to happen . Even it may kill CIR and that is what Anti wants.. This guy is encouraging people to push for recapture which will die soon. Why he didnot update profile. Even if he is good member he should pledge 25 $.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.
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polapragada
02-18 07:37 PM
I hope it will become law...
But my mind says NO way!!!
But my mind says NO way!!!
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Macaca
01-18 10:06 AM
Its pathetic to see this thread going only to 5 pages, whereas the other thread w/discussion on 485 filing took that to almost 100 pages.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
In addition, only 2 out of the 100 pages have any useful content. Most of the posts are attitude problems.
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evljeenyiss
07-14 12:15 AM
truthfully, Bluesun I think yours was modelled the best, you just need a better renderer/ lighting.
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meera_godse
01-31 02:15 PM
1. Is travel advisable or even permitted during such a transition ?
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
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alterego
09-19 08:06 AM
This is a crisis of confidence, brought about by the weakness of the housing market and therefore the securities based on the mortgages to those homes.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
House prices are down nearly 20% and have perhaps another 10% to go.
The pain ie 30% of the value of the housing stock will end up being distributed across various players. Homeowners will take the bulk of it, Financial institutions will take some, Gov't unfortunately will take some(ie tax payers), foreign investors will take some, Insurers some, Inflation will eat away some(this will be a 2-3 yr process when all is said and done), etc. In the end the markets will climb out of it. Exactly how much each of these parties will eat is currently being negotiated on capitol hill. The truth is nearly every bank is under water at this time. However, commercial banks are only safe because they have stable depositor bases. Hedge funds and other institutional investors who play the repo market are more fickle and have seized up the bank repo and other credit markets. Liquidity and lowered rates alone is not solving this mainly because it is a question of confidence. This will get better once the gov't puts in a more definitive solution. I hope however that whatever solution is provided makes it extremely painful for any one to want to take that route, ie the shareholders and management should be wiped out and that too only for a loan which must be repaid. IF real estate recovers to anything close to what it was in 2006 by say 2015 or if confidence surges sooner, then the US Gov't could conceivably make money from this.
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Cheran
11-11 02:13 PM
I am pasting a reply from my Fragomen Lawyer. Even though he screwed me royally, he was always on the money when it come to any prediction. So he says it will be another couple of years for 2003 EB3 Cases, I am going to take his word....
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
" Thank you for your e-mail. I regret that I do not have a basis to estimate whether your case will be approved in 2008/2009 as they are currently on October 1, 2001 for EB-3 cases from India. In the meantime I would say that the process could last approximately another two years before an immigrant visa becomes available under EB-3/India."
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vgayalu
07-25 12:12 PM
Dear Friends,
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
If it is really a law then they should say aome thing about the method of calculating cut off dates.
Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
Please discuss with senior attorneys and DHS and DGS officials.
With regards,
vgayalu
Libra
09-28 10:07 AM
ateast we have laws here to protect us from racism and hatred, i dont have personal experience but my cousin who lived 3 yrs in middle east and 2 yrs in europe and currently living in US says US is better than those countries to live.
so lets fix the system for us and live peacefully.
so lets fix the system for us and live peacefully.
pappu
07-03 04:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
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