desi3933
07-10 02:25 PM
@desi3933:
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
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CADude
10-05 10:35 PM
immigration-law.com
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
10/05/2007: USCIS Receipting Delay - How Does This Affect You?
The Ombudsman of DHS is scheduled to have a teleconference on this topic on 10/12/2007 from 2:30 to 3:30 pm, Friday. How do you participate? Click here.
PLEASE NEVER UNDER-ESTIMATE YOUR EFFORTS OR POWER? Please contact if you wish to choose so.:D:D
satish_hello
08-21 06:11 PM
Hi Guys, if you filled between July3rd to July15th please update here.
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..
I didn't see much of filed between july'3nd through july '14th filings in this forum.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?
2011 the world reast cancer is
sanhari
07-19 04:08 PM
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
Let's please not start EB2 and EB3 fight again.
What I understand (and I am not a lawyer), is to change the current situation, law must be changed. Congressman can be helpful here, but only if there is going to be a change in law. A congressman can not simply call USCIS to change the way they do things. They must come up with legislative change that can then be followed by USCIS.
Now for any legislative change, there is resistance from CHC to let it pass as a small piece, rather they want more comprehensive approach. This issue is so complex and no political party or politicians are interested in opeing the can of worms.
Did you see O'Riely interview Sarah Palin?? She could not answer the question that was "yes or no" (I am not much impressed with her IQ any way...but that was one example).
Under current circumstances, the only two hopes for EB3 India are:
1. Port over to EB2.
2. Legislative change which effectively will mean immigration reform with good provisions for EB immigration.
What can we relay to our congressmen? (and we all should do it):
- Employment based immigration is good for the economic health of this country: it creates jobs, EB immigrants pay taxes, buy houses, they are educated etc.
- EB immigration is only a small fraction of immigration currently (I forgot the exact %, I believe it is 12%). And it carries "country cap" in the name of "diversity". However no such control exist for the majority of rest of immigration (88%) and so there is no diversity clause there....why is it only on EB immigration.
- EB immigrants pay a major portion of income to USCIS. While data is not availabe from USCIS, if we do the math (based on filing fees), it pays for > 50% of income of USCIS while it constitutes only 12% of their workload.
Bottom line:
- Increasing EB immigration can only bring prosperity to this country. If at all immigration needs to be curbed, it should be other areas where rest of 88% of immigration is occuring which may not be good for the country's economy.
- Increase the annual quota of EB immigration, remove the country cap, make it simple to attract more talent from the rest of the world.
- In fact anyone who completes masters of higher degree in STEM, should be oferred immigration benefit automatically.
more...
brainchild
08-31 07:26 PM
Congrats.. You made it
trueguy
09-19 07:46 PM
I agree with above analysis except 5% assumption is not good assumption. It might be 2% or less
more...
sparuthi
09-14 12:47 AM
I will contribute $200 from my side, and I can also get discount on Lawyers thru my firm...
2010 about reast cancer and
surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
more...
rayoflight
11-18 03:20 PM
Done. Will setup appointments next week.
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Ushakiran
05-10 11:36 AM
If IV has any plan to remove the unfair 7% quota by either lawsuit and/or lobby, I will donate $ 200 as well.
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
7% quota based on national origin is based on law but it is clearly a biased and outdated law. It is beyond my comprehension why should we scared of initiating a litigation against the US government when it is clearly involved in blatant discrimination. The HSMP rules were challenged successfully by Indian high skilled workers in UK, why can't we do the same over here? I pledge to donate USD 200 for a lawsuit if such an action is initiated.
more...
paskal
05-23 02:38 AM
good crisp message
great job!
great job!
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santb1975
12-15 10:45 PM
Workout - Research indicates workout beats the blues
Become really active with IV and get the sense of accomplishment. Somethings I do with So. Cal IV releases lots of endorphins and puts me on a natural high. It's true :D
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Become really active with IV and get the sense of accomplishment. Somethings I do with So. Cal IV releases lots of endorphins and puts me on a natural high. It's true :D
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
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sathweb
01-30 03:34 PM
My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.
sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.
Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.
I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.
(I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)
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kcforgc
05-08 02:24 PM
How about we all start a THANK YOU campaign? It would be similar to a flower campaign that we all did we send Thank You cards/letters to the President?
Just a thought?
Just a thought?
more...
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buddyinsd
08-27 12:38 PM
Another case I can remember is andycool on this forum
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
Thanks, hopefully my spouse gets her approval soon. She got SLUD on 8/21 and is current.
dresses Breast cancer can be prevented
willgetgc2005
10-18 12:12 AM
PAPPU,
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
I think we all understand we are in this together. No doubt.
A single post from CORE IV can make a huge difference to herd the cattle (including myself) here. For Instance, AILA letter asking for H1B and EB relief today.
I had posted a modified version of their letter in our forum in which I had deleted asking for raise in H1 and retained only EB part. IF IV core thinks
this is a good (or a bad ) idea and suggests what to do, our members will be energized.
For my part, I have added my personal story, added the EB relief part of AILA letter and emailed two senators and one congressman in my state.
Also, the same letters signed are ready in an envelope to be snail mailed.
So, IV core, from time to time, when there is a campaign by AILA and other organizations which could help us, please suggest how you would like us to proceed.I am not trying to create more work for you, but as a member, I think it would benefit all of us.
Thanks.
__________________________________________________ ___
IV is making efforts to prepare for the coming coming months. It involves but not limited to funding drive to sustain and grow efforts, membership drive to grow in size and have impact of numbers, generating awareness and building support via media articles. Speculating will not help much. Pls. do participate in these drives in order to build momentum for the coming months and we will all have better chances for any legislative change. We are all in this together and we all need to work hard to enable a change
more...
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fittan
09-20 10:46 AM
Hi all,
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
My wife and I just got receipts for our I-485, I-140, AP and EAD. The "received date" is July 7 and the "Notice Date" is September 13. I also confirmed that the checks were cashed.
I remember my attorney saying that the applications were filed at NSC but somehow my receipts came from VSC. And this morning I receive an update that my I-485 has been transferred to TSC! Here is the detail:
"On September 20, 2007, we transferred this I485 APPLICATION TO REGISTER
PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer".
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a1b2c3
06-28 03:30 PM
like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.
But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?
and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.
at times its good to lie low instead of making impotent noises. just my opinion.
choose wisely. finally, each to his/her own.
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chandarc
11-19 01:51 PM
Done.
dixie
12-12 08:04 PM
Technically, we are applicants for immigrant status who are stuck in non-immigrant status indefinitely. A prospective immigrant is different from one granted legal residency (GC holder). Not sure if it makes a difference or not in the eyes of congressmen.
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
GCWaitforever, please make sure if stating that you are an immigrant is acceptable or not; in your letter to Sen. Sessions, I mean...
diptam
08-18 01:41 PM
Dividing IV on the Lines on EB2 or EB3 or on basis of ROW/India is something i just dont like. United we stand !!!!!! .
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
I saw couple of threads earlier from you which talks against porting of EB3 to EB2 - i believe you had some lawsuit idea there for not allowing BS+5 to port to EB2 which is think i highly divisive and unfair on certain peoples
Lets come up with ideas without stepping on each others shoe and i'm 100% willing to join.
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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