belmontboy
02-15 12:11 PM
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
Much of the fuel for anti-immigrant community against H1B's have been hiring low wage worker over qualified American in the same area.
That's what is under the scanner. Once the abuses are addressed, anti-immigrants would run out of fuel.
Also a side effect of these could be Desi consultant employees getting better salary.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
Much of the fuel for anti-immigrant community against H1B's have been hiring low wage worker over qualified American in the same area.
That's what is under the scanner. Once the abuses are addressed, anti-immigrants would run out of fuel.
Also a side effect of these could be Desi consultant employees getting better salary.
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BharatPremi
07-06 11:49 AM
How do you define "All effected"?
The people who became "Current" with FIRST July Visa Bulletin
The people who became "Current" with FIRST July Visa Bulletin
joydiptac
08-06 06:11 PM
EB3 + 5 years experience/MS = EB2
In todays schedules to come to I485 filing stage takes min 1-2 years. Let us assume 2 years. (personally it took 5 years)
So lets say 2 people (EB2 & EB3) apply for GC in year X. After X+2 they are eligible to apply for I485.
Let us say EB2 is current then EB3 should be current - 3 years. Otherwise the EB3 will have the motivation to refile in EB2 and clog the system further.
If EB2's PD is (current - 3 years), EB3 should be not more than 2 years behind (The time it takes to get to I485 stage).
I doubt people at USCIS have the time, interest or the inclination to understand this bit of simple math - As a result you will have people with multiple applications trying to to beat the broken system.
In todays schedules to come to I485 filing stage takes min 1-2 years. Let us assume 2 years. (personally it took 5 years)
So lets say 2 people (EB2 & EB3) apply for GC in year X. After X+2 they are eligible to apply for I485.
Let us say EB2 is current then EB3 should be current - 3 years. Otherwise the EB3 will have the motivation to refile in EB2 and clog the system further.
If EB2's PD is (current - 3 years), EB3 should be not more than 2 years behind (The time it takes to get to I485 stage).
I doubt people at USCIS have the time, interest or the inclination to understand this bit of simple math - As a result you will have people with multiple applications trying to to beat the broken system.
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thankgod
06-03 12:15 PM
There are lot of things I understand about america. One of them is america has lot of non-senses among many sensible things.
Then why do you want to stay here. Just move out.
Then why do you want to stay here. Just move out.
more...
sanju
04-29 06:02 PM
Best way is some of the provisions in Durbin bill to restrict some abuse. Only bad thing in Durbin bill is it is banning consulting with H1bs. Other than this provision everything is good. Instead of opposing the entire bill it is better to oppose only that section.
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
Here this is what your views are
___________________________________
___________________________________
You know what this is?
This is your tunnel vision....
You have no clue about the implication of Durin bill but you seem to think that your tunnel vision is the wisdom of the gospel, the entirety of all solutions to all the problems.
Do you take your child to graveyard when your child is sick? Or do you take your child to a doctor? Durbin Grassley bill is taking H-1B program to the graveyard. But that's ok, let's all subscribe to your tunnel vision and support Durin bill..... If that passes, within one year you will come back to some forum and say that this is the worst thing to happen for this community. But again, that's ok, lets all use this.... The Tunnel Vision.
___________________________________
___________________________________
You have victory flowing all through your veins... good!!!!
WeShallOvercome
07-08 12:43 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
more...
pdx_Soft_Eng
10-15 11:09 PM
stay in Canada... Use you current job for transition. I am very sorry to hear what you and your wife has been through...
More humane H1B is already a necessity. We should work on improving the conditions for h1b holders too...
More humane H1B is already a necessity. We should work on improving the conditions for h1b holders too...
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maximus777
06-29 04:04 PM
Publicity stunt before the elections ?
Absolutely!!
Absolutely!!
more...
dingudi
12-11 10:17 PM
We need to develop really intelligent strategies considering all the factors. Just throwing out ideas and organizing rallys may not be enough (although needed).
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
There are a lot of intelligent people on this forum. I think we need to work on our unity, commitment and implementing of strategies.
IV is already doing lot of these but does not seem to be working fast and effective enough.
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Macaca
06-16 07:26 PM
Pending cases = EB + Family + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
more...
ItIsNotFunny
01-15 03:00 PM
I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.
whome do you want to kill buddy?
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ganguteli
04-02 01:55 PM
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
You are an anti-immigrant troll. Good we caught you.
I know your kind
Now you will go to your site and announce how bravely you fought with H1Bs
You are an anti-immigrant troll. Good we caught you.
I know your kind
Now you will go to your site and announce how bravely you fought with H1Bs
more...
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kavita
07-02 12:04 PM
Should we write letters individually stating how this law has been unfair to us personally? I do not think DOJ will respond to each of us individually. This has to be a mass campaign under one umbrella to be effective. I understand that the leaders in IV are pursuing this with congress currently so probably cannot participate in this campaign? What other ways do we have? Could this be an online campaign?
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
On a separate note, it has been frustrating to see politics in US congress over last two years. I am sure they know about the legal immigrant issues and about retrogression, but clearly say no piecemeal legislation would be passed. They work purely for vote bank which we are not. I would favor working on alteranative means to try to get relief.
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h1techSlave
01-23 01:02 PM
With your 485 application packet, you need to attach proof of your 140 application.
You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.
Disclaimer: Any thing and every thing related to USCIS is like gambling.
I hope they do that ..
Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?
I will be completing my 9 yrs for H1 in Jan 2010...;)
You can switch to EAD after you get EAD (which may or may not happen within 6 months of applying for 485 and EAD). 6 months after you apply for 485, you can switch employer with out negative consequences to your 485.
Disclaimer: Any thing and every thing related to USCIS is like gambling.
I hope they do that ..
Can i apply for 485..with 140 pending? and then switch to EAD after 6 months?
I will be completing my 9 yrs for H1 in Jan 2010...;)
more...
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pappu
01-21 08:19 PM
Hello,
With me having a pd even prior to of Mar 2002-EB3I, I thought I will join hands with IV to make something happen. To the extent I went and joined the IV chapter too.
Unfortunately, starting with the forum to most of the news that is being discussed seems to be not related to immigration at all. Example, accidents, investments, real estate. I feel the admin should be able to control and strictly adhere to what ImmigrationVoice stands for and delete any other unrelated threads.
Anyway, long story short, I feel IV has lost its focus and feels like for people who are looking at a proper approach to resolving problems, the web site does not give any reason or confidence, to follow or join hands for IV activities.
Just my opinion. Feel free to agree to disagree whoever would like to.
Not trying to blame anybody here, but sharing a viewpoint. In my opinion IV was great sometime back, but feel now there is a lack of direction.
I understand there could be lot of negative & positive comments about my reply here or me joining activities etc or not joining IV initiatives etc. I will explain my stance on those later.
Thanks.
kartikiran
We totally understand your point of view.
We feel we have more experience now than before and more members to take part in action items.
However we have felt that it has not been enough to bring the relief we need. For that we need more active members and more resources. I disagree that IV has lost focus. Few unrelated threads do not mean that is the opinion of IV. We would rather spend time doing IV work in this important year than policing the forums and banning people.
Infact through new features and upgrade of the site we are trying to provide what our members need on this site so that there is more participation on the effort when it is time. Our past experiences have told us that we need more numbers when it comes to letter writing, calling or rally. This is the reason we are trying to add new features on the site and look into the needs of the community. This is going to be our strategy this year and we seek member's help to get everyone outside of IV on IV platform. If someone wants to seek answers on immigration questions, they can join IV forums, if someone wants to track they can use IV tracker, If someone wants to blog, we have blogs etc etc
We really need critical mass of people this important year for us. Please try to help in any way possible to spread the word about IV at this time.
If you would like this to become an action item, some members can take the lead and help send chain emails, posters or any other innovative means to spread the word about IV. I think that is the need of the hour in order to launch a big campaign this year.
IV is you and me and we need to shoulder the responsibility to make something happen this year.
With me having a pd even prior to of Mar 2002-EB3I, I thought I will join hands with IV to make something happen. To the extent I went and joined the IV chapter too.
Unfortunately, starting with the forum to most of the news that is being discussed seems to be not related to immigration at all. Example, accidents, investments, real estate. I feel the admin should be able to control and strictly adhere to what ImmigrationVoice stands for and delete any other unrelated threads.
Anyway, long story short, I feel IV has lost its focus and feels like for people who are looking at a proper approach to resolving problems, the web site does not give any reason or confidence, to follow or join hands for IV activities.
Just my opinion. Feel free to agree to disagree whoever would like to.
Not trying to blame anybody here, but sharing a viewpoint. In my opinion IV was great sometime back, but feel now there is a lack of direction.
I understand there could be lot of negative & positive comments about my reply here or me joining activities etc or not joining IV initiatives etc. I will explain my stance on those later.
Thanks.
kartikiran
We totally understand your point of view.
We feel we have more experience now than before and more members to take part in action items.
However we have felt that it has not been enough to bring the relief we need. For that we need more active members and more resources. I disagree that IV has lost focus. Few unrelated threads do not mean that is the opinion of IV. We would rather spend time doing IV work in this important year than policing the forums and banning people.
Infact through new features and upgrade of the site we are trying to provide what our members need on this site so that there is more participation on the effort when it is time. Our past experiences have told us that we need more numbers when it comes to letter writing, calling or rally. This is the reason we are trying to add new features on the site and look into the needs of the community. This is going to be our strategy this year and we seek member's help to get everyone outside of IV on IV platform. If someone wants to seek answers on immigration questions, they can join IV forums, if someone wants to track they can use IV tracker, If someone wants to blog, we have blogs etc etc
We really need critical mass of people this important year for us. Please try to help in any way possible to spread the word about IV at this time.
If you would like this to become an action item, some members can take the lead and help send chain emails, posters or any other innovative means to spread the word about IV. I think that is the need of the hour in order to launch a big campaign this year.
IV is you and me and we need to shoulder the responsibility to make something happen this year.
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cygent
07-18 01:15 AM
Let everyone know if and when you get any response.
Yes, I will definitely let you guys know! I had noted this point in the 1st post!
Yes, I will definitely let you guys know! I had noted this point in the 1st post!
more...
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prolegalimmi
03-28 10:51 AM
Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
Again with all due respect, I was trying to make sure we concentrate on whats on table in the next two weeks, which may never come to the table again in a long time. But if I sounded indifferent to the BEC issues, my apologies.
I am a BEC victim too from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues.
Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.
The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.
Again with all due respect, I was trying to make sure we concentrate on whats on table in the next two weeks, which may never come to the table again in a long time. But if I sounded indifferent to the BEC issues, my apologies.
I am a BEC victim too from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues.
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AZ_GC
08-22 06:44 PM
Here is what i think ........USCIS works and approves according to RD till 140/485 approval. After this they hand over the case to DOS for visa issuance who work according to PD when allocating visa numbers. Correct me if i am wrong.
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gvenkat
02-23 05:18 PM
Pot calling the kettle black! (or should I say brown?)
leave the joker alone.. he needs to take english lessons and also needs to brush up his comprehension skills... :p:p
leave the joker alone.. he needs to take english lessons and also needs to brush up his comprehension skills... :p:p
gbof
08-05 10:39 PM
I just call them, was told that they have no additional information that what is available on the recorded message or the USCIS case status web site. I said I wanted to know if the case is 'pre-adjudicated' and the lady mentioned that that information is not disclosed. ;(
After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
After nearly 15 months, going by recent postings here , I was tempted to call IO to get any update on my 'pending I-485' . I happened to talk to a nice IO on my first attempt. She took some time to check on status and told me my 'name check is pending'. I told her on previous occasions / Infopass I was all the time told 'everything for me, especially name check is cleared'. She came out with an explanation---- your 2nd FP was cleared on 17 July 09 (Yes, I had 2nd FP on 7/6/09 as Ist FP in Sept 07 'expired' after 15 Mo validity) and that is why new 'name check' is initiated.
I can not believe this. If this is so, they may have to wait for 180 days even if there is nothing adverse from fbi and the dates become current.
It is very creepy.....
Please, share your thoughts if uscis require NC again and again for this never ending GC process ..
NolaIndian32
11-18 01:36 PM
Maybe I am wrong, but isn't the regulation specific to state that required filing fees must be paid by the employer? There may still be attorney fees which may be borne by the employer or the employee.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.
As regards the 12 month contract, if the contract is written appropriately, it will probably be binding in a court of law. It all depends on how the document is drafted. My employer hires Indians and Americans with 1 to 3 year contracts. The employees who chose to leave before their contract expired did pay back a set fee to my employer. There is nothing illegal about that. But again, it all depends on how the document is drafted.
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