sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
wallpaper Cute Maltese Dog Names
Jaime
09-12 01:24 AM
You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!
coolmanasip
03-07 11:54 AM
Please read my scrap carefully.....I did say that you need a letter from the company stating that they will employ you on a full time permenant position upon receiving your green card!.....However, you do not need any other support like ability to pay, labor certifications, etc.
2011 cute dog i want me painted
bayarea07
09-10 02:22 PM
I do see some action now on http://judiciary.house.gov/hearings/calendar.html
HR6020 is being presented right now
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
HR6020 is being presented right now
I dont think its the Right Link the link that you sent has lot of action going on but
http://judiciary.house.gov/hearings/calendar.html
has people moving all over the place and no action
more...
vivekjay
10-20 02:23 PM
He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?
Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.
Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.
Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?
Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.
chanduv23
09-28 11:25 AM
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
more...
psk79
07-18 08:37 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
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malibuguy007
10-15 02:39 PM
I guess too many of us trying - the site is timing out on me
more...
gsc999
04-20 02:00 PM
Sure. Thanks for letting us know.
I will also post this message at our Northern California Yahoo group.
I will also post this message at our Northern California Yahoo group.
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chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
more...
harish
04-23 08:06 PM
Congratulations Googler!
Hopefully we can still look forward to receiving updates from you in the future! :)
Hopefully we can still look forward to receiving updates from you in the future! :)
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desi3933
03-10 04:55 PM
This is another anti immigrant. Please ignore him
You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.
I suggest that you look at my past posts.
You are calling me anti-immigrant! Just because someone is spreading rumor and half-cooked information and I don't agree with him, I am called anti-immigrant.
I suggest that you look at my past posts.
more...
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GIDOC
07-13 11:03 PM
Different opinions have been expressed in this forum over Murthy's letter to DHS. I think any letter or noise helps the situation. When writing to congressmen and senators about our difficulties with the legal immigration system we can quote the letter to make the point. Legal immigration issues have long been ignored in this country. It is time for Legal Immigration issues to be in the limelight.
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JunRN
08-19 04:03 AM
To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.
Retrogression is a CP-friendly event.
Retrogression is a CP-friendly event.
more...
pictures Funny dog pics.
gcseeker2002
03-20 07:56 PM
How do you know that the labour process has slowed down from Mar 01 2011 ? Any source for this info? Please share.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
Yes I would also like to know where it says that Labor process is stalled from Mar 1st,as it is impacting my current decision.
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Dhundhun
07-12 07:53 PM
USCIS and Consulates submitted a list of Documentarily Qualified applicants to DOS on July 8th. The latest PD of the applicants on that list was before 01-June therefore they have set the PD at 01-June-2006.
What is documentarily qualified?
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
What is documentarily qualified?
This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08 by setting PD to Jun 01, 2006.
Documentarily Qualified might possibly imply:
.. Medically OK
.. FP and Name Check OK
.. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
.. Requires No RFE
.. Requires no interview
.. Just requires GC (Visa) Number
My 2 cents input
more...
makeup cute dog pictures funny.
satishku_2000
08-15 04:30 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
Some people from BEC are still waiting for their labor approvals , Some of those people should be able to file for 140/485 if their PDs fall in the cut off dates . Hope USCIS will exhaust the numbers in this year by approving 485s for eligible people .
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WAIT_FOR_EVER_GC
06-10 12:50 PM
WAKE UP CALL FOR THOSE STILL SITTING ON THE SIDELINES
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
What should we do. I am in tell me what I need to do?
On Tuesday, when we were on the Hill doing meetings during Advocacy days, we were informed by the senior Senate office that an amendment to prevent H1 and work authorizations is in the works in the Tax bill. We immediately requested this office to oppose this amendment. Senator office expressed full support for us and shared with us that the Senator's office has already expressed opposition to such an amendment.
We would like everyone to know that just because someone has EAD, it does not mean we are in safe haven. There is no safe haven till we have approved green cards. And for those who think that they don't need to participate actively, this is a wake up call.
We have also learned that this is degree 1 amendment. This means it will be voted on on the Senate floor even when it is non-germane to the bill. We have also learned that if such an amendment comes up for vote during this difficult political climate, it appears that such an amendment will have 70 votes in the senate which makes each one of us extremely vulnerable to be forced out. Everyone on H1, L1, J1 or EAD will risk the renewal of their current application status.
IV is working on defeating this amendment. Please stay tuned for further updates.
On Tuesday, Mr. Sanders sponsored an amendment S.AMDT.4319 in bill H.R.4213
AMENDMENT PURPOSE: Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
TEXT OF AMENDMENT AS SUBMITTED: CR S4754
COSPONSORS(2):
Sen Grassley, Chuck [IA] - 6/9/2010
Sen Harkin, Tom [IA] - 6/9/2010
Source: Congressional Record - 111th Congress (2009-2010) - THOMAS (Library of Congress) (http://www.thomas.gov/cgi-bin/query/F?r111:1:./temp/~r1119eE0Na:e98:)
SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) submitted an amendment intended to be proposed by him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CERTIFICATION REQUIREMENT.
(a) Short Title.--This section may be cited as the ``Employ America Act''.
(b) In General.--The Secretary of Homeland Security may not approve a petition by an employer for any visa authorizing employment in the United States unless the employer has provided written certification, under penalty of perjury, to the Secretary of Labor that--
(1) the employer has not provided a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is scheduled to be hired; and
(2) the employer does not intend to provide a notice of a mass layoff pursuant to such Act.
(c) Effect of Mass Layoff.--If an employer provides a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act after the approval of a visa described in subsection (b), any visas approved during the most recent 12-month period for such employer shall expire on the date that is 60 days after the date on which such notice is provided. The expiration of a visa under this subsection shall not be subject to judicial review.
(d) Notice Requirement.--Upon receiving notification of a mass layoff from an employer, the Secretary of Homeland Security shall inform each employee whose visa is scheduled to expire under subsection (c)--
(1) the date on which such individual will no longer be authorized to work in the United States; and
(2) the date on which such individual will be required to leave the United States unless the individual is otherwise authorized to remain in the United States.
(e) Exemption.--An employer shall be exempt from the requirements under this section if the employer provides written certification, under penalty of perjury, to the Secretary of Labor that the total number of the employer's workers who are United States citizens and are working in the United States have not been, and will not be, reduced as a result of a mass layoff described in subsection (c).
(f) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Labor shall promulgate regulations to carry out this section, including a requirement that employers provide notice to the Secretary of Homeland Security of a mass layoff (as defined in section 2 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101)).
What should we do. I am in tell me what I need to do?
hairstyles this cute dog in a funny
texanguy
06-08 06:26 PM
I thought the spillover starts at July, but it doesnt look that way. When would they do the spillovers? in next two months??? i thought we are done for 2009 quota...
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
That "small change" of EB2 China PD is very important. It suggests that there is going to be "Spill over" so EB2 India and China will have to move together to use the unused numbers. A good sign; at least EB1 retrogression does not seem to be likely and there will be some spill over numbers to EB2 India (EB2 china may not benefit much as it had a PD later than that for the rest of the year.
Scorpion: how can you say "no spill over". EB2ROW is current and so spill over is likely (more likely from EB1 and even to some extent from EB2 ROW)
Moreover, EB2 ROW remained current meaning that they have not used all their quota; they will not use any spillover numbers and they may even provide spill over numbers to EB2 India and China.
varshadas
01-30 03:30 PM
Guys,
Lets have a conference call today to finalize the flyer. I have some comments/questions on the updated flyer. Its better we do this over the phone so that we don't waste time in these posts back and forth. If everyone is OK, I will schedule a call for tonight at 10.30 PM as I have class.
Let me know if that works for you guys or if it is too late, then we can have it tomorrow at Noon.
Thanks,
Varsha
Lets have a conference call today to finalize the flyer. I have some comments/questions on the updated flyer. Its better we do this over the phone so that we don't waste time in these posts back and forth. If everyone is OK, I will schedule a call for tonight at 10.30 PM as I have class.
Let me know if that works for you guys or if it is too late, then we can have it tomorrow at Noon.
Thanks,
Varsha
ansh78
09-26 11:34 AM
Ok I sent message to the editor...Simple copy paste the above message from vamsi.......come on everyone should do it.
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