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  • manub
    07-07 09:59 PM
    Yes I called all senators from the state and also local representative.Only local representative responded and their office contacted uscis for my EAD.We didnot contact any body for my husband`s petition .we are planning to do so this week.It is at NSC.

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  • unitednations
    08-03 08:18 PM
    huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.

    Remember when I was mentioning ability to pay and what happened in 2004.

    Some people with approved 140's from 2002 and 2003 had the reopened by uscis and they started applying current day memorandum and current day adjudication standards to cases which were already approved. A number of people had their 140's revoked by uscis stating they were approved in error.

    Chennai consulate and California service center both treat the staff augmentation companies as not the employer in "common law" context. That is; you are not in their control. that is why they always ask for letter/contract from the end client.

    California service center was just starting to treat the 140's in the same manner before they stopped doing 140's. They were denying/revoking 140's because a company did not have a full time and permanent job for them.

    Now;texas and nebraska do not do this. But with all of these legal wranglings; complaints by people; h-1b denials, consulate 221g's, etc.; eventually this could have an impact.

    Let's say you are working at Client A. You work for B. You don't like their ratio; so you move to employer C, who gives you a better ratio but you still work at client A. Then you hop over to employer D because they process labors in a fast state or it is a substitute labor. Now; you file 140/485 and after six months you decide to join client A using AC21. Now; how would you justify this. From common law point of view; B, C and D are not your employer even though D is the one filing greencard for you. We'll see as time goes on when people start leaving en masse and uscis starts picking up and detecting these patterns as to what type of impact it will have.

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  • vikki76
    04-08 01:48 PM
    New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
    8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
    Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
    If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?

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  • sanju
    04-08 08:23 AM
    Yeah right....
    If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ??

    Would you???


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  • file485
    07-10 04:54 PM

    from your experience...

    I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

    I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

    Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

    All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

    Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

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  • rongch60
    07-14 02:40 AM
    To be honest, do you think that a petition from 1 category from 1 country will change the way USCIS interpret the spillover rule? No way! Currently, the highest priority is to make sure that USCIS use up all visa numbers. Any waste will hurt both EB2 and EB3. EB3 petition will create confusion on the bills, waste times from USCIS, and potentially took advantage by anti-immigrant groups to stop spillover. Is there any law that clear stated the cross-country spillover? Please stop the fight and not take the risk of losing all cross-country spillover!


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  • mariner5555
    04-09 07:29 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.

    o.k. ..Thanks.
    In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
    ..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
    I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)

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  • abcdgc
    12-27 01:55 AM
    I also think the media could have acted more responsibly than it did. I was somewhat disappointed by Pakistani media. I think there was too much bias and not so much objectivity in the coverage. I am afraid the Indian media would have acted in a similar manner too....

    You haven't yet denounced the Bombay attacks but you are quick to attack Indian media. Good job, you have been trained well. Indian media is at fault in showing the carnage but the terrorist who carried out the carnage are saints???

    Its funny to see your assertion that its ok if 200 die in a bomb blast. It maybe ok for Pakistanis, but it is not ok for Indians. Stop calling Indian media as "bias". There was no ambiguity in the coverage. It was direct telecast. Why blame the media to educate the larger population that what's going on. Let me guess, terrorist do not like freedom of speech. You need to stop watching that garbage in Pakistani TV channels.


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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.

    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??

    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?

    Not a legal advice.

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  • minimalist
    08-06 11:46 AM
    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US. EB3 means there are a lot like u, so u gotta wait more. Period.

    Well, then why are they allocating Visas to EB3s. They should give all visas to EB2 and then only go to EB3.

    Your statement that EB2 requires higher qualification is correct. But the number of jobs requiring those qualifications are less.Doesn't mean people taking up jobs that fall into EB3 category have inferior qualifications. Think of it this way. There may be many people who may be qualified to be a CEO but there will be only one CEO for company.
    EB3 has a lot more applicants because of the 245 cases that were filed in 2001. So get off the pedestal and think normally.
    So you are an undesirable/inferior when compared to people in EB1? If you feel so then you have serious self esteem issues.
    Don't try to spread such inferiority complex.


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  • desi485
    08-05 11:36 AM
    This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:

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  • nojoke
    06-26 04:35 PM
    I don't know what else to tell you except what I've already stated. Frankly I am surprised that this debate has gone beyond 1 page. I am tired of beating a dead horse.

    If you are renting for 1500/month thats 18,000 a year, or 540,000 in 30 years that you lose with no chance of claiming as a deduction or ever using for anything. Rather than losing that money, why not use it to own the property you are living in?

    As a homeowner, you can use that 540,000 to own the home. The interest and property taxes you pay are tax deductible, and the principal means that at the end of the 30 years, the home is yours (20 if your loan is 20 years). Even when you are paying the mortgage, you are saving. You are getting bigger tax returns and you are owning the home that you live in. No amount of rent will guarantee either.

    Through a combination of tax deductions, home equity, and property value, I am willing to bet you that I can save the same amount you do by renting, but still be ahead by owning the property I live in in 30 years. Just take a look at any home owner's history and tell me someone who hasn't doubled the value of their home (home only, not including their savings) in the past 30 years or more.

    Everyone here that is dead-set on renting, by all means continue to throw your money away. And it REALLY is throwing your money away. How you wish to justify doing so is fine by me as long as you can sleep at night and explain to your family, friends and kids why you chose to rent for 30 or so years.

    All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.


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  • pete
    04-09 11:47 AM
    EB1 requires either a tenure track position in research. I am a physician and did not want to be in a tenure track research position.
    Also EB1 without employment is very difficult to get. I would not have qualified for that.

    I am not interested in your rhetoric. It doesnt mean anything.

    Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.

    Its a zero sum game.

    We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.

    Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?

    Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?

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  • mariner5555
    04-15 04:26 PM
    one last addition ..I guess builders are normally the optimistic lot even when things are bad ..and they seem unhappy now (which means happier days are ahead for fence sitters like me (who are waiting for a GC by the way before looking) ..

    Fitch Ratings said in a conference call Tuesday that the housing sector is likely to continue to contract throughout 2008, and could worsen further in 2009 if the economy slides into a sharp recession. The ratings agency said low mortgage rates, cheaper home prices and government proposals to aid the ailing industry will not be enough to spark a turnaround.

    "Despite a few steps in the right direction, U.S. housing remains mired in a steep cyclical decline, with more pain likely for U.S. homebuilders through 2008," said Fitch homebuilding analyst Robert Curran


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  • Macaca
    12-20 08:47 AM
    Resolve To End Hyper-Partisanship ( By Mort Kondracke | Roll Call, December 20, 2007

    Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.

    Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.

    Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.

    If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.

    It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.

    Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."

    Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.

    More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.

    Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.

    Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.

    "Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."

    Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.

    But he observes that Democrats are catching up in hyperpartisanship, flogged on by and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.

    Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."

    But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.

    He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.

    But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.

    "Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.

    "But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.

    Think about it over Christmas.

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  • Macaca
    08-08 09:19 PM
    A Shameless Congress Applauds `Ethics' Law ( By Margaret Carlson (, August 8, 2007

    To much fanfare and self-congratulation, the U.S. Congress passed ethics legislation last week supposedly making the members subject to the same standards of behavior the rest of us live by.

    At almost the same time, a federal court handed down a decision involving a congressman whose office was raided by the FBI last year as part of a bribery case that included the earlier discovery of $90,000 he stashed in his home freezer. The ruling reminds us how much more Washington is like Vegas than Peoria. Under the Constitution, a congressman can protect his legislative files from being searched. In other words, what happens in your Capitol Hill office stays in your Capitol Hill office.

    The ruling came in the matter of Representative William Jefferson, a Louisiana Democrat indicted for bribery in June. Jefferson allegedly got the $90,000 from a telecommunications entrepreneur who enlisted his help in getting approval from a Nigerian official to do business in that country.

    The court didn't buy that the Justice Department did everything it could during the search to shield privileged documents, short of letting Jefferson conduct his own raid. A ``filter team'' removed any material that smacked of Jefferson's legislative duties. The court found the effort insufficient ``to protect the privilege'' of the legislative branch to be free from intrusions by the executive branch.

    Shielding Lawbreakers

    This means that under the principle of shielding lawmakers, lawbreakers may be shielded from legitimate law enforcement. Jefferson's lawyer Robert Trout was thrilled, saying the decision shows that every member of Congress has an ``absolute right to review his records first and shield legislative material from review.'' Federal agents get to see what's left.

    Jefferson must be kicking himself. Why didn't he think to take the loot out of the freezer in his home and disperse it among the files labeled ``congressional bills'' at his office?

    Consider the possibilities. Yes, it would have been hard for former Representative Randy ``Duke'' Cunningham, now in prison, to keep his Louis XIV commode hidden in his office. But he could have easily stuffed any records about goodies provided by his defense contractor pals, such as the lease for his yacht ``Duke-Stir,'' into a file drawer labeled ``Hearings.''

    Like the Jefferson affair, the case of Senator Ted Stevens of Alaska could give a whole new meaning to the phrase Capitol Hideaway. Stevens's house in Alaska was raided last week by the FBI and Internal Revenue Service as part of a broad corruption probe. Stevens has multiple ties to businessman Bill Allen, who, since pleading guilty to bribery in May, is said to be singing like an Arctic loon.

    If Only He'd Known

    With the court's ruling, Stevens could have shipped anything he didn't want to be discovered to the Hart Senate Office Building for safekeeping.

    Stevens and Jefferson are just two of at least a dozen members of Congress under investigation, which puts increasing pressure on the lawmakers to do something about corruption. That something, unfortunately, has loopholes large enough for a Gulfstream V to fly through.

    The ethics legislation allows members to do all kinds of things -- as long as they disclose them. Want to have a fat cat contributor? Just make sure he discloses that he's bundling donations from friends, clients and employees.

    Don't want to give up earmarks? You can still shoehorn an appropriation for millions of dollars onto an unrelated piece of legislation as long as you put your name on it.

    `Bridge to Nowhere'

    The law would have done nothing to stop Stevens from getting his ``Bridge to Nowhere,'' a quarter-mile span connecting an Alaskan town to an island of 50 people, a couple of years ago.

    Gifts and free travel are banned, unless they are part of campaigning. In other words, Congressman A can't have a rare rib-eye, creamed spinach and a bottle of Merlot with Businessman B at the Palm unless it's in conjunction with fundraising. In the case of congressional ethics, two wrongs do make a right.

    The reason disclosure no longer works as a deterrent is that shame no longer works. As the ethics legislation was rolling to passage, Stevens, at a private luncheon with Republican colleagues, threatened to hold the whole thing up if the ban on traveling on corporate aircraft wasn't removed. He will still be able to fly Air Lobbyist. He'll just have to pay for it at commercial charter rates.

    In wanting to keep his perks, Stevens may be the most outspoken member, but he's, by no means, alone. ``Ethics'' is the one area in Congress where there is heartwarming bipartisanship.

    `Culture of Corruption'

    Former Republican Speaker Newt Gingrich and Democrat Thomas Foley filed legal briefs in support of Jefferson. When the court said the search was unlawful, Speaker Nancy Pelosi applauded. Earlier, Pelosi, who once pledged to end the Republican ``culture of corruption,'' took away Jefferson's coveted seat on the House Ways and Means Committee after the FBI raid on his office only to try to award him a coveted seat on the homeland security panel.

    Some legislation is worse than no legislation. Senator John McCain, showing again why he'll never be president, said the ethics bill will delude voters into thinking things have been fixed when they haven't.

    ``This will continue the earmarking and pork barrel projects,'' the Arizona Republican said. ``Again, the American people will have been deceived.''

    Most of the other members are chest-thumping as if they've really done something. The public would be better off if Congress had to live by the laws that apply to everyone else, criminal and civil, and at least a few of the Ten Commandments. I'd start with thou shalt not steal -- and work from there.


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  • GCOP
    07-14 10:53 AM
    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?

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  • xyzgc
    12-30 12:42 AM
    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.

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  • gcbikari
    08-06 01:36 PM
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    08-05 03:09 PM
    Never said that. That was just a "story" response to a "story" post. The intent of the post is DO NOT TRY TO FRAME THE ISSUE IN ONE STORY. THERE ARE MANY STORIES.


    However you offered no answer to the original question raised by the "story". If you spend years doing an advanced degree instead of working with a bachelors, should you be penalized for all those years? many of us are being penalized. We get PDs when we finally start working. And folks who port based on experience working during that time then jump ahead of us in EB2.
    You will have to explain how this is fair.

    Instead of addressing the issue you threw in the red herring about rich kids. That was uncalled for in this debate. How do we know the EB3 bachelors was not paid for by rich parents? And are we now to penalize those with rich parents?

    I worked through many years and educated myself highly. Now I am to be told that anyone who came to the US with me OR after me and managed to get a job early on and a PD, has to be ahead of me because they were "waiting"? So I was not waiting just because I got advanced degrees and had to wait for my PD? Why do you think preference categories were created at all? Why not just one big pool?

    04-07 12:30 AM

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.


    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

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