voradharmesh
05-23 10:37 AM
Is it already introduced in Senate?
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
I could not find any thing on this from http://thomas.loc.gov/
I searched for "SKIL" and got the following:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02691:
S.2691
SKIL Act of 2006 (Introduced in Senate)
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JazzByTheBay
09-28 04:36 PM
Given the number of questions and concerns IV members have about AC21 in general and "what after EAD/AP", it makes sense to coordinate with USCIS (and lawmakers if required) on this and get some favorable responses that allay everyone's concerns.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
If EAD+AP are like a "provisional GC", USCIS should perhaps not delve too much into the job description of work done after the 180 days past AOS filing, imo. Just as in the case of GCs, the bar of intent to be employed in that job is met by working for that employer for 90-180 days (the latter to be on the safe side). The only reason this is such a huge issue is because of the unreasonable waiting time induced on the GC process due to retrogression.
As a result, folks from retrogression-affected countries suffer from these anxities, whereas those from unaffected countries get their GCs, and are free birds after the 90-180 day period.
It's unreasonable to expect folks from retrogressed countries to be employed in the same position, or to otherwise limit their options by imposing restrictions of new job being the same job description as the one on the approved labor cert.
jazz
First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.
The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.
However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.
Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.
I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...
Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.
Also, IV should advocate on not to have any restrictive interpretation in final regulation.
newbie2020
05-05 04:52 PM
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I have a long journey Mine is EB2 02/08
I have a long journey Mine is EB2 02/08
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PDOCT05
09-10 03:04 PM
Follwoing user name person got his check cashed.
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
Is your checks got cashed?
"rajvepa"
His appication reached at NSC 11:14AM and signed by F HEINAUER
Is your checks got cashed?
more...
gimme Green!!
09-03 09:43 AM
we got I-140 and I-485 approval email on August 19th; Card production ordered email on August 21st; got the physical approvals and cards in the mail on August 25th - whole thing took a week.
amitjoey
07-11 07:08 PM
I agree absolutely. Living right here near DC and being a victim of the present USCIS mess, I still did not know about this campaign until a family member from India mentioned about it after reading it in the local newspaper.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
I quickly signed up on this site and sent the flowers to be delivered yesterday.
Welcome to IV, what a way to know about the flower-campaign.
more...
Abhinaym
11-17 03:23 PM
Not to nitpick, but "inside of the US" sounds odd. It is simpler to say "in the US".
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aquarianf
04-24 11:29 AM
Guyz, i met attorney. got copy of non compete agreement from a co-worker. I feel kind of releived after what he said.
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
As per him, every non-compete agreement that is signed cannot be neccessarily enforced in the court of law. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?"
Now as h1b employees, as every one knows we r not the key personnel in the company. we do not carry with us any trade secrets or confidential information which might harm their business.
AS per him the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms.
Also non competes always have to give some profits to the employee, say a paid vacation, bonus or somethign like that. An employer cannot
just make the employee sign it to restrict him from making better living and not give anything in return....
Seems like these things are favourable to all the h1b employees.
If any employer is claiming non compete to hold the consultant to his company, then even he should not take employees from competetive companies..... But r they doing it???????? We all know the answer.... IT consulting businesses run like that.
can you ask the attorney if he can work on contingency basis? Or did he gave any estimate of how much it may cost you if you have to face lawsiute or if you have to go to settlement route?
more...
mnkaushik
08-27 10:06 AM
buddyinsd - i know you are still hoping that 8/21 slud has some meaning in terms of getting gc. Have you heard of anyone who got a gc that was part of the SLUD on 8/21.
It looks like more waiting my friend.
It looks like more waiting my friend.
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abracadabra102
12-17 12:01 PM
"To be without some of the things you want is an indispensable part of happiness."
- Bertrand Russel (Conquest of Happiness)
Sounds counterintuitive but probably true.
- Bertrand Russel (Conquest of Happiness)
Sounds counterintuitive but probably true.
more...
gccovet
02-10 02:22 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
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abq_gc
09-28 02:42 PM
This is what my lawyer says about EAD card.
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
more...
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manand24
07-02 08:39 AM
Fedex sent June 29, 2007.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
Signed for by R Williams.
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AllVNeedGcPc
04-14 08:35 AM
Thanks for posting your experience. Did you apply for your SIN and your PR card? Do you (or anyone else) have any info on how that's done or what the procedure is?
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
- Once you complete landing procedure at POE and provide your Canadian address, PR card will come automatically at your address in mail
- SIN (number printout) you can get instantly at any of the ServiceCanada centers. In Toronto, they have plenty of these centers in downtown (Bay street, lake shore blvd, yonge st ...). Card comes in mail
more...
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keerthisagar
02-08 09:52 AM
going back to india is a personal decision, and each case differs. circumstances are key in this decision process. one or more members' past experience in india will not apply...
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
for the people who decided to go, if you want to share your decision, please do and may be post on your experience once you have reached and settled in india.
my.02c
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gvenkat
09-10 03:47 PM
Thats right. I don't see any issues with EB1 or EB2 movement, For gods sake EB2 came to 2005, EB1 is current. It is funny when the other poster said we need to work for EB1 also(It is current, what else you want to do there?).
I feel IV has to concentrate on EB3 now. Period.
It's simple. USCIS needs to understand it's just a plastic card and nothing else. People who have applied are going to be here no matter what.The return percentage is going to be less.
The sad part is we are treated as citizens on all aspects. Social security, Medicare, Taxes, etc. etc. But not in the real sense. So US should realsise its after all a card and some benefits to the people things wont change. No amount of lobbying to fix the whole problem is going to help. The effort has to be concentrated just for EB3-Indians. Then we can expect some relief. Becasue we are talking about people who have been wwaiting for more than 8-10 years.
In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)
I feel IV has to concentrate on EB3 now. Period.
It's simple. USCIS needs to understand it's just a plastic card and nothing else. People who have applied are going to be here no matter what.The return percentage is going to be less.
The sad part is we are treated as citizens on all aspects. Social security, Medicare, Taxes, etc. etc. But not in the real sense. So US should realsise its after all a card and some benefits to the people things wont change. No amount of lobbying to fix the whole problem is going to help. The effort has to be concentrated just for EB3-Indians. Then we can expect some relief. Becasue we are talking about people who have been wwaiting for more than 8-10 years.
In India Lifesentences in prisons dont last more than 14 years. we could beat that record here. :)
more...
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punjabi
02-02 03:04 PM
Well guys...
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
I agree that India is a land of pollution - polluted air and polluted minds (corruption, jealousy, materialistic attitude), it is still a very native part of our life. No matter where we live on this planet, whatever hapens in India, we do get affected by it.
I just visited India after 7 years. As far as India goes, I love:
-- My parents living there, perhaps they will never come to USA to stay with me permanently, and
-- The school kids I see on road in their school uniform, waiting for their school vans or walking as a group, making jokes and laughing out of their breath.
I always wonder that they do not know what hardhsip lies ahead of them, when they grow up after finishing their school - competition to get college admission, studies, competitive jobs, corruption, ever rising cost of living, etc. etc.
Most of my old friends in India have gone too busy in making money and 'rising on the top". It is as if they are in some kind of a race in panic, so they don't get left behind everybody else and what not.
What does "rising on the top" mean anyway? Whom are you collecting money for?
I recently bought the latest Samsung 3D LED TV to have a better movie experience. And I noticed that I enjoyed movies on small 22" inch TV more than I enjoy on a big LED TV - provided the movie is good and I have a good company.
So my friend (who is leaving for India)...
You can find happiness and joy in little things in life, irrespective of where you are staying. These commodities are not exclusively sold in India or anywhere else.
If you have made a decision to move to India, be proud of it and do it! Just set a good example in india and don't get involved in the dirty corrupted cycles there.
Good Luck!!
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gondalguru
08-06 08:36 PM
People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.
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noriks
11-18 09:08 AM
Thanks.
snathan
04-24 02:46 PM
Hi JaiHind/Balaji,
Are you alrite? Mehul already passed away on March 2nd 2008 and now you want him to take second opinion. Please read the whole story before you comment.
Are you alrite? Mehul already passed away on March 2nd 2008 and now you want him to take second opinion. Please read the whole story before you comment.
dtekkedil
07-10 05:09 PM
Good Job and Congratulations everyone!!!
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