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sathish_gopalan
02-14 11:28 AM
My wife is using EAD . I am still on H1 and have not started using EAD. Can I still switch to a new employer with a H1 transfer ?. Or since, she is in EAD, should I do an AC21 only with EAD ?. Thanks..
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lskreddy
06-13 12:26 PM
Every one has his own vantage point. Mark K has his own and the others who represented for legal immigration has their own. Mark K's argument to only allow the so called 'Einstein caliber" people speaks volumes about how he has simplified the problem.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
Sitting on a high position in an immigration research facility does not necessarily mean that he is abreast with the technological needs. From his arguments, he certainly has proven that he has very little or no idea of where the resource needs are.
Everyone of us are here because there is room for us to work. If his research shows that there are more US people who will fill our shoes, then I am sure the market needs would govern the numbers. For all the anti's who cite articles about how low paid we are, how less qualified we are, they should research to complete the full circle. They leave it half-hearted, its not as if they don't know, they just want to stick on to the rhetoric.
Even to entertain Mark K's idea about bringing the so called cream of the crop, there has to be proven ways to identify who these people are. One way of doing it is to allow people to come here on F1, prove their worth in research, work for a few years. One does not become an EB1 qualified before he steps into the country, he probably climbs his way up to that qualification. Some may succeed, some may fail. To selectively choose the best and expel the rest would mean disaster for the country. These are human lives we are talking about, not parts in a process control factory where you can chuck as and when you need as it does not meet 'specifications'.
He has blinders on, and that will never change. You can't debate a person who has already decided on what the outcome. The most amusing part personally for me is that most of the anti-legal folks accuse the entire industry of conspiring to screw their own. I can see how one or two companies to do that, but to underline that the entire system is geared towards raping their own is blasphemous to say the least.
immi_grant
11-04 04:42 PM
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Awesome !!
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
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rb_248
12-13 01:09 PM
Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.
May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.
May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.
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blacktongue
05-12 08:53 AM
This is all politics & I will never support it.
Your support it your I will never support it no meaning. Cannot vote.
Your support it your I will never support it no meaning. Cannot vote.
eb3_nepa
12-21 09:37 AM
I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
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pmpforgc
07-13 09:28 PM
Congratulations Dinesh Sharma. I had Sch A II - that got retrogressed -- and now job loss, so I am stuck. But I am happy for you. All the best.
Mr. Sharma Congratulation on your end of your long and fruitful journey.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
Mr. Sharma Congratulation on your end of your long and fruitful journey.
Bluekayal Sorry to hear that you are still stuck in this mess. I am still in the university this is my second job change after GC. Hope your job and GC situation change to positive soon.
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javadeveloper
08-21 10:44 AM
Please refrain from pushing OP to post employer details on public forum. Let it be OP�s weapon of surprise. I wish OP has contacted an attorney for fighting his case. If this is going to be an out of court settlement, then we shouldn�t expect complete details as well. OP's story should be an eye opener for all of us(Employees and Employers).
Who'z OP?
Who'z OP?
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immigrant2007
07-16 12:57 PM
Good to know you oppose illegal immigration that is actually destroying American life. My solution to the illegal immigration was same and given months back on this forum. Punish employers harshly with fines (50K per incident) plus 5 years of jail time and put the burden of finding out if person is legal ON the employer. Soon institutions like Equifax/Experian/TransUnion will pop up instead of the current one -EVerify.
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
You completely missed the point of immigration and outsourcing. They have NOTHING to do with eachother. Even if they paid me in dollars and gave me a cushy job and paid for every of my expense to run a outsourced part of a company in my home country, I will not go because it's not the money that matters, it the quality of life! I don't want to be driving 1 hour to get 5 miles ahead. I don't want to bribe a peon to get my own birth certificate. I don't want people creating a welcome mat for me on the sidewalk - made not out of rose petals but chewed pan spit.
I like some of your ideas but won't indudge in any dialogue with you unless you update your profile. the idea of punishing employers is not mine. I read it somewhere in one of the posts on this very site, maybe yours only
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digital2k
08-01 09:46 PM
*
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smsthss
06-12 11:03 AM
Where Can I Watch It Online ??
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Macaca
09-21 02:00 PM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
This is a nce one though.
Please elaborate all the types of seeds that were planted. Then, elaborate on how the number of these seeds was limited by member participation.
This will answer the original question.
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
This is a nce one though.
Please elaborate all the types of seeds that were planted. Then, elaborate on how the number of these seeds was limited by member participation.
This will answer the original question.
more...
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bestia
08-31 03:55 PM
Good Find
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
Nah, I don't think so. Not a good article.
1. His salary CAN be raised.
2. His wife CAN work, as article mentions that he applied for GC in 2004
3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
4. If the company is bought - one doesn't generally reapply for GC.
Even little lies don't serve a good cause as this article can be easily discredited.
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gc28262
07-29 02:07 PM
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
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seratbabu
02-19 06:23 PM
Did you recieve the RFE yet ?What was it about. Mine is a similar case. We both have LUDs on 02/10 and my wife's 485 recieved an RFE email today.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
Not yet. Did not hear from my attorney either. My 485 got another LUD today. Did any of the folks receive the actual RFE? Please post details once you get it, and I will do the same.
Here is the latest update from me:
My 485 had LUDs on 02/10, 02/13, 02/17, 02/18 and 02/19. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent.
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hydboy77
06-02 06:30 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
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longq
12-29 04:35 PM
You might have to define what the word "is" is ;-)
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
Anyway, that paragraph also states: "If the total number of visas available under paragraph (1), (2), (3), (4), or (5) [...] exceeds the number of qualified immigrants who may otherwise issued such visas,." but then continues on with: "the visas made available under that paragraph shall be issued without regard to the numerical limitation"
One could interpret this distinction such that the actual number of visas available is not necessarily the same number of visas made available, which is fixed to 28.6% + spill-over. It might, as well, comprise only those unused visas that haven't been passed down to a lower category. 203 (b) (2) / (3) and 202(5) seem to compete over the unused numbers. Not sure which one has preference.
Well, that's according to your interpretation. You seem to suggest that USCIS disagrees with your interpretation. We probably have to wait for the next immigration statistics to see what rule USCIS has been following.
I'd hope IV would focus on increasing the number of GCs available to all of us, instead of fighting for allocation. ACT-21 increased the number of H1B visas without increasing the number of GCs.
Your interpretation is very simple. However one draft the law (before 2000 or after 2000), EB3 is prefered than EB2 and EB1, just to address the diversity.
The question is simple. Whether diversity is important or employment preference is important? What is the intent of the congress in 202 a 5? Has DOS understand the intent? This is very very important for oversubscribed countries. We know IV is working hard to address the retro. This is also equially important. Even if we achive in incresing the EB visa numbers (by SKIL/CIR) by 2 times or 3 times it will not be usefull for India and China. Thats why it is very important.
In FY2005 India consumed about 16,000 EB2 visa. The total visa issued still about 40,000 only. From 2006 it is going to be 2800 only. Just compare 16,000 with 2,800. With this rate, an Indian guy with PD in 2005 or 2006 may not get GC till his retirement. However a non-Indian, Chinese EB2 guy with PD 2006 get GC with in 6 months.
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FinalGC
05-13 03:34 PM
I suggest you wait and see if you can reconcile your differences......Marriage is a life long commitment. Remember we fall in love and we work on our marriages. Try reading the book called "5 Love Languages" by Gary Chapman....It is an excellent book for couples who are on the verge of breaking or even for couples who want to enhance their married life.
Sorry I do not have any advice for you, except that you try to get back together....which will help you avoid refiling 485 or refiling Labor......The choice is yours!!!
Sorry I do not have any advice for you, except that you try to get back together....which will help you avoid refiling 485 or refiling Labor......The choice is yours!!!
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Brightsider
08-30 11:47 AM
Hi Dinesh, in your quote above were you intending to say that most state colleges WILL NOT accept applications if you do not have GC/citizenship? So to attend a state college you NEED TO BE a GC holder/citizen? If that is the case how come lot of international students come here and attend state colleges for MS/Phds and get assistanships/fee waivers?
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
qualified_trash
12-13 06:01 PM
nixstor,
if you have seen my other posts on this subject, you would not have said what you did. I am an IT consultant, and, have in the past received multiple offers for labor sub, but, not taken it as I am comfortable with what I am doing.
I have also personally known people who used labor sub in companies that are listed on the NASDAQ and are involved in Software development (not one of the mom and pop consulting companies)
All I was doing by playing the devil's advocate is trying to deflect the heat of the person who started this thread. I will repeat myself once again. I understand that as a practice it borders on being unfair. However, if it is being used by someone legally, to better their own life, we should not come out and attack them.
Now to answer your question - "Would you do it? If yes why and if no why not". Would I do it? Yes I would if I got an offer from a great company with a well defined career path, good salary and stock and benefits etc.
Would I do it to go from one consulting company to other by paying someone money for it? NEVER. I hope this answers your question.
you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
it does us no good judging people who we do not know which is what you did with your above statement. I hope better sense will prevail in the future.
if you have seen my other posts on this subject, you would not have said what you did. I am an IT consultant, and, have in the past received multiple offers for labor sub, but, not taken it as I am comfortable with what I am doing.
I have also personally known people who used labor sub in companies that are listed on the NASDAQ and are involved in Software development (not one of the mom and pop consulting companies)
All I was doing by playing the devil's advocate is trying to deflect the heat of the person who started this thread. I will repeat myself once again. I understand that as a practice it borders on being unfair. However, if it is being used by someone legally, to better their own life, we should not come out and attack them.
Now to answer your question - "Would you do it? If yes why and if no why not". Would I do it? Yes I would if I got an offer from a great company with a well defined career path, good salary and stock and benefits etc.
Would I do it to go from one consulting company to other by paying someone money for it? NEVER. I hope this answers your question.
you support labor substitution as long as both the employer and employee can hush up the money involved and leave no proof.
it does us no good judging people who we do not know which is what you did with your above statement. I hope better sense will prevail in the future.
arihant
02-21 01:02 PM
Has anybody heard the story of the canadian skater who was allowed to become a citizen in an expedited manner (she had one more year to go before meeting the 5 year criterion for eligibility after GC) just before the olympics. Actually, I think she won a silver medal at the olympics for the USA.
Anyway, from what I hear, she had gotten her GC in 2002 and had been living and training in Detroit with her american skating partner. When she decided to participate as an american, but was not elibible to apply for citizenship until 2007. So, she contacted a lobbyist to help her with her case. The lobbyist was able to convince a michigan senator (not sure who this is) to help. The story is that the senator was able to include a measure in the bill signed by the President in Dec to make it legal for people in the situation such as the skater to apply for citizenship even when the 5 year period is not complete. The measure got passed when the president signed the dec bills.
So, they filled her application, got the immigration services folks in Detroit to come out during the chrstmas holidays specifically for her, and got her the citizenship in time for her to get her passport for the games.
So, my point is...if it is legal for the lobbyist to help her (a non-citizen) with her immigration case and it was legal for the senator to introduce the measure, why would it be deemed illegal to do what we are attemting with our lobby firm and our efforts to meet and talk to the senators and congress people?
Anyway, from what I hear, she had gotten her GC in 2002 and had been living and training in Detroit with her american skating partner. When she decided to participate as an american, but was not elibible to apply for citizenship until 2007. So, she contacted a lobbyist to help her with her case. The lobbyist was able to convince a michigan senator (not sure who this is) to help. The story is that the senator was able to include a measure in the bill signed by the President in Dec to make it legal for people in the situation such as the skater to apply for citizenship even when the 5 year period is not complete. The measure got passed when the president signed the dec bills.
So, they filled her application, got the immigration services folks in Detroit to come out during the chrstmas holidays specifically for her, and got her the citizenship in time for her to get her passport for the games.
So, my point is...if it is legal for the lobbyist to help her (a non-citizen) with her immigration case and it was legal for the senator to introduce the measure, why would it be deemed illegal to do what we are attemting with our lobby firm and our efforts to meet and talk to the senators and congress people?
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