va_il
05-04 08:50 AM
I wonder how many who come here on H4 know what complexities lay ahead in the G.C processing. unfortunately it is not easy to undo their marriage and go back.
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
They need a fair deal too just like the way those in EB-3 are waiting for a proposal that addresses their issues more directly rather than trickle down. I guess u r one of them.
I dont know how much u know about G.C before u came here. I am yet to understand it clearly.
--MC
So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
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cooldude
09-30 08:10 PM
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
Anyone in the same boat?
Thanks,
-rk.
Applied on July 19 at NSC and still nothing.
manishs7
09-27 12:32 PM
I think your idea is good. But this could be very difficult to implement, at least for USCIS.
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..
Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.
So what happens to existing EB2 per your logic. Should their priority dates will also change based on the date when they became eligible. say someone with 15 years of experience with bachelors degree comes to US and files on EB2..so his date will be pushed to priority date of 10 years from now when he became eligible for EB2.
What happens when I port from EB3 to EB2 with Masters in year 2002. should my priority date would be moved from 2006 to 2002.
This logic is not implementable or priority dates should go in one direction (up) only, the one that suits your requirements. LOL..
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dixie
12-15 02:29 AM
I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
more...
Raju
07-20 12:36 PM
Wow ! Did Aman get his GreenCard???
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
Great news for IV as it will enable him to be more aggressive now!
Aman, open a consulting company( non-profit ;) ) and we'd be happy to invoke AC21 in 6 months :)
Nice one:D :D
senthil1
12-10 09:55 AM
Most of the persons pd may become current before skill comes. That may keep those persons to smile
more...
desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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Zee
07-11 07:52 PM
USCIS has removed the flower related press release from their website. :D
more...
sainwa
06-16 11:53 AM
Concurrent I-140/I-485: Yes
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
Mailed From State: CA
Mailed : June 11
Transferred to TSC: ?
140 approved : ?
Receipt Date : ?
Notice Date : ?
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dixie
12-15 02:29 AM
I totally agree - our concern should begin and end with whether our interests are addressed or not. This is not the time to argue and nitpick on what is good for the whole world in the long term - remember, there is no "long term" for us without a GC. Lets be realistic - its a done deal that EB reform if all it comes up, will come with either a generous H1-B increase or illegal alien amnesty or both of them. Its not our job to worry about excessive immigration - the anti-immigrants and their friendly congressmen are always there to raise a hue and cry and dilute any and all pro-immigrant proposals. With them at work, if we ask for a yard we will get a foot, if we ask for a foot we will end up with not even an inch.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
Well, it is not a perfect world. It is not a perfect system. When CIR comes up every group will push for their interests. If u send a mail to any Senator, all u get is a standard reply about H1-B. It will be impossible to educate every ligislator. We have to do the best we can to voice our concerns and go with the tide. We cannot nitpick the sections of the CIR and tell the legislators vote only for these. We just make sure that our issues are addressed in whatever bill comes up.
more...
diptam
06-22 07:19 PM
You have a good suggestion but signing a BOND would be the last option..
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
I'm already paying for 485 fees - 395 + 350(med) + 170 + 180 almost $1100
I can't afford to hire a lawyer - how much they charge ?
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
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ramus
07-04 04:57 PM
Could you guys please take a min and visit these threads..
http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994
http://immigrationvoice.org/forum/showthread.php?p=96850#post96850
http://immigrationvoice.org/forum/showthread.php?p=96932#post96932
http://immigrationvoice.org/forum/showthread.php?t=5994
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cleopatra
02-14 07:27 AM
Donated $100 for the event.
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kiwi
07-20 08:21 AM
Pledge $200
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Mahatma
08-12 10:15 AM
Please correct the following typo.
Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."
I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....
Sorry for the inconvenience.
Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."
I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....
Sorry for the inconvenience.
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BharatPremi
11-21 01:43 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
more...
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summerof98
06-07 08:26 AM
The applications recrived at TEXAS on 1st JUN started receiving recepit notices. One of my friends checks got cleared today. :confused: As per my analysys nebraska had a 6 day lag till Jan 1st. Lets see.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
reddymjm,
I thought that we have to send our I-485 applications to NSC regardless of which state you are from.
Is that not true? How come your friend sent it to TSC?
Also, what do you mean by "Nebraska had a 6 day lag till Jan 1st"?
Thanks.
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dingudi
12-07 03:57 PM
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
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cram
06-12 11:00 AM
Originally Posted by cram
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
Fortunately, my PD became current on May 1
Did you get your receipt?
No, I didn't get my receipt yet. I called my lawyer and she said that the checks haven't cleared yet. It's taking toooo long. I don't know what's going on. Anybody in the same situation?
immm
07-02 09:49 AM
Sent july 28th
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
Delivered to NE July 2nd, 7:55AM
Signed by R Williams
What address did you use to send the I-485 using FedEx or UPS?
I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
mnkaushik
08-26 03:40 PM
OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...
None on the 485 and we are really not tracking the EAD.
None on the 485 and we are really not tracking the EAD.
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