conundrum
11-10 02:05 PM
Bump
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ndbhatt
06-10 09:04 PM
I disagree that it effects EB Community for EAD holders. COming on to options if the amendment stands it might take the form of TARP - God Forbid. Everyone of us predicted Financial industry has so much clout etc.. but those days are gone. I think US companies have decided to bend to laws and find ways to overcome them.
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Reg. Options : we are here to earn bread. Just FYI for countries like Canada they have already closed gates. for Ppl who already have PR's over there life is not easy as "is" here right now in getting jobs. Moving the all operations to different country is only possible for companies like Microsoft. not all. btw no one will hire undocumented.
So we need to really motivate ourselves and friends against this headless draft version. This is not first time it came in to light everytime there was a immigration issue it used to come on top. But it failed as climate was cordial for immigrants or economy was good. Things have changed far far beyond in 2008 and TARP bill restrictions is one example where companies decided not to hire H1B at all (mostly) even it applies to TARP recipients.
My thoughts.
I humbly disagree with you on TARP analogy. TARP was due to direct funding by Government to save "Too Big to Fail" companies and obviously they had a say in that case since it was tax payers money. The focus was only on those limited companies. Having said that this text has a wider repercussions and doesn't spare anyone, whether they are financially sound or goverment funded.
I completely agree with you that US offers better job prospects and earning potential. However, when the noose around the neck turns tighter with such "headless" bills, people will sooner or later, start looking at options.
Trust me companies don't hesitate to move on if the environment isn't business friendly(reasons are higher tax, difficulty hiring immigrants, finding people with right skillsets, and so on) as they are more accountable to shareholders and they would care less if it is US today or Brazil tomorrow, the show must go on.
You have heard of horrific stories of people getting CDN PR and hard to find jobs. Failure stories show up lot quicker than the success stories. I have known three close ones who are well placed in Canada.
There are always two sides of coin and so is the half glass full, a half glass empty.
Bottomline is if such bills turn into bill, its not just immigrant community but the economy as whole gets impacted.
Bhattji
Sakthisagar
06-11 10:46 AM
Thank You for doing this, Great work.
Sent two times yesterday and today after the change in the content.
May GOD Bless
Sent two times yesterday and today after the change in the content.
May GOD Bless
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nozerd
01-27 10:31 AM
Why are the numbers for 2000 so low. Is it because it is pre AC21.
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
Also how are we currently accounting for 245I folks in this model. Do we have good numbers on them ?
more...
dreamgc_real
07-02 09:21 AM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
bomber
06-30 07:37 PM
This is a huge misconception in people.
Filing I485 when the dates are current does not mean you will get a greencard.
Only 30% will in 6 months if the dates stay current.
rest 70% will get in 1 year to 3 years or more based on FBI name checks.
Chew on this and educate your friends.
Everybody knows this.. I didn't quite understand what you meant to convey.
What I meant was that even if my I-485 is accepted(i did not say even if I get my GC)
Filing I485 when the dates are current does not mean you will get a greencard.
Only 30% will in 6 months if the dates stay current.
rest 70% will get in 1 year to 3 years or more based on FBI name checks.
Chew on this and educate your friends.
Everybody knows this.. I didn't quite understand what you meant to convey.
What I meant was that even if my I-485 is accepted(i did not say even if I get my GC)
more...
logiclife
12-20 05:50 PM
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
Your first paragraph is wrong. If you are not working, then you are out of status. Regardless of whether your employer formally terminated employment and formally cancelled your H1B. Out of status means staying in USA legally, but not doing what you are supposed to be doing. If you dont attend classes and go to college when on student visa, you are out of status even though you are legally present.
Your second paragraph, about "old wrongdoing" being pardoned, yes, 245(k) would clear that. However, if he had disclosed it, then yes, he would be in the clear.
Now keep in mind that everyone, goes out of job once in a while and is unemployed for 10-15 days or even a month during the course of time. Technically, that is out of status. But that doesnt mean everyone discloses it in their 485 form. Does that mean that everyone will get rejected ?
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saketkapur
11-11 02:12 PM
Compete America Congratulates President-Elect Obama
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
Last update: 4:31 p.m. EST Nov. 5, 2008
WASHINGTON, Nov 05, 2008 /PRNewswire-USNewswire via COMTEX/ -- Business and University Leaders Express Optimism that New Administration will Support Much-Needed Reform to Visa Programs for Highly Educated Employees
Compete America today congratulated President-elect Barack Obama for his victory in yesterday's elections. Compete America, a coalition of corporations, educators, research institutions and trade associations advocating for the reform of out-dated visa policies for highly educated foreign professionals, did not, and does not endorse candidates at any level.
"We are optimistic that the President-elect and his team understand the critical importance of highly educated foreign professionals to economic growth and job creation. Investing in innovation is one of the most effective ways we can stimulate our economy," said Robert Hoffman, Vice President for Government and Public Affairs at Oracle and Co-Chair of Compete America. "History has shown that top talent living and working in America is a boon to our economy and a proven job creator for quality American jobs."
Hoffman continued by saying that Compete America was also encouraged that President-elect Obama recognizes the importance of investment in research and supports improving education for science, technology, engineering and math (STEM). Basic research investments and improved STEM education are two critical components of continued U.S. innovation leadership.
Hoffman noted that during the campaign, the Obama-Biden policy paper on Science and Innovation stated the following:
Barack Obama supports comprehensive immigration reform that improves our visa programs to attract some of the world's most talented people to America, including improvements in our legal permanent resident visa programs and temporary programs such as the H-1B program. Obama will:
Reduce the backlog of skilled immigrants waiting to become permanentresidents by increasing the number of employment-based visas.
Create a "fast track" system that allows foreign students thatreceive advanced technical degrees from U.S. universities to receive an employment-based visa without having to return to their home country.
Balance visa and export control policies against the possibility that they deter international scientific exchange or send a message to international students, scholars, scientists, and engineers that theyare not welcome in the United States.
Work to ensure immigrant workers are less dependent on their employers for their right to stay in the country and hold accountable employers who abuse the system and their workers.
For more information on how highly educated immigration benefits America, please visit http://www.competeamerica.org.
Compete America ( http://www.competeamerica.org) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
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alex99
04-07 05:04 PM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
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sweet_jungle
02-13 01:15 AM
most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
What are the steps to be followed and things to watch out for in selecting a desi consultant?
more...
StarSun
02-03 09:22 AM
To get a head start on the advocacy effort, we need members to register, contribute, plan the travel, and spread the word as soon as possible.
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senthil1
06-12 10:03 PM
Yes that is true. Impact for US companies are minimal and in fact good for US companies and more disadvantage for Indian companies. Mainly those who are running just by H1b persons will have tough time. Actually many small US consulting companies went out of business because they were not able to compete with Indian companies because of H1B.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
more...
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abhijitp
03-17 12:28 PM
Folks from North California... please volunteer to attend the Advocacy Days (all 4 days). Others in North California may be able to help you with airfare, etc. (Check the yahoogroup for more details)
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rockstart
03-10 01:54 PM
I have posted a question on page 3 of this thread on same / similar can some one answer it? :(
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Jaime
09-11 02:48 PM
Come on guys! Make up your minds and attend the rally! You still have time! We'll help you! LET'S GO!!! Let's make history!!!
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newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
more...
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GCcomesoon
05-20 10:23 PM
Congrats Dude!
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?
Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.
I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.
Regards
GCcomesoon
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jsb
01-22 10:10 AM
I felt sympathy for the OP. That was well written. I agree that xyzgc missed the point on what the OP was trying to say.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
Nothing is right or wrong, as meaning of quality of life is a very subjective thing.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
You on the other hand are arrogant. Are you saying that it is your right to buy a house? And we all should sympathize with you when you lose your house? And we need to fund your extravagant spending with our tax dollars, while some of us weigh in the risks and decide to live in rented house.
I wish I get my share of the bail out money. I wanted that Ferrari. Damn, I need to 'enjoy my life and my desire to lead quality of life'.
Nothing is right or wrong, as meaning of quality of life is a very subjective thing.
In Japan, people work hard, send money/products to the US, and be happy for better quality of life by looking at increasing balances in their bank books each morning, and don't care what homes/cars they have.
In the US, people get happy for better quality of life by looking at their new BMW's, and nicely furnished homes (bought by money borrowed from Japanese investors), and don't care what they owe.
Both are unhappy too, for not having enough what they want more, Japanese want to have bigger balances in their bank books, and American want bigger BMW's and homes.
"Peace of Mind - Do you have" referenced in posts above is just a price for the quaility of life they "enjoy". No enjoyment comes without a price.
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ezee
10-16 05:45 PM
I clearly mentioned each of the following country and category. To make sure, I also mentioned that we do not need combined total of pending AOS applications. If the request is ambiguous or means different things to different people,please let us know and we can make needed modifications asap. Are you recommending to hand out a blank tabular format .to USCIS FOIA?
I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.
I personally think there is a possible ambiguity in the request (especially since we are dealing with a government agency). So we should probably bullet point the data we need at least and if people don't think there is any harm in putting in a table for the format of data needed that will make things very clear. I agree with you that breakdown of quarter/month is probably not needed and might actually hurt our chances of getting the answer within reasonable amount of time.
karthkc
07-14 06:27 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
mallu
02-27 09:35 PM
http://immigration-information.com/forums/showthread.php?t=4398
So, those who done their FP in July 2007 or afterwards will have their FP refreshed. So they don't need to go for FP once the previous FP expires. All those who did FP prior to July 2007 will have to go to ASC for FP .
So, those who done their FP in July 2007 or afterwards will have their FP refreshed. So they don't need to go for FP once the previous FP expires. All those who did FP prior to July 2007 will have to go to ASC for FP .
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