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  • voldemar
    06-23 09:43 AM
    I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
    For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.

    if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.





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  • gc_on_demand
    08-10 04:01 PM
    10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement

    I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.

    Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.





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  • zen
    04-03 03:09 PM
    o.k. ..I will first tell the issues which are preventing me from doing what you say.
    whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).

    everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
    say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!





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  • perm2gc
    01-10 06:03 PM
    volunteers to post in those above listed forums and sites
    I started to post in those forums.Will update as i post.



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  • Macaca
    06-11 08:29 AM
    Dear Colleague:

    With the unemployment rate still unacceptably high and millions of people looking for a job, we have a responsibility to ensure that companies do not use temporary visa programs to replace American workers with cheaper labor from overseas.


    Sincerely,


    ____________________ ____________________

    BERNARD SANDERS CHARLES E. GRASSLEY

    UNITED STATES SENATOR UNITED STATES SENATOR

    ************************************************** ***************

    Where the Job Openings Are Now (http://online.wsj.com/article/SB10001424052748704575304575296692796660262.html) By JOE LIGHT | Wall Street Journal, Jun 10 2010

    The number of job openings grew in April, indicating a continued loosening of the job market after the worst downturn in decades. Employers had a seasonally-adjusted 3.1 million openings on the last business day of April, up about 300,000 from March and about 800,000 from last summer's trough.

    Industries seeing the most growth included education and health services, which saw openings rise 7% from last month, and professional and business services, which grew about 24%. Government job openings saw the largest contraction--about 8.5% fewer public sector jobs were available in April than were available in March.

    The slowest growing region in April was the South, which saw openings rise by about 6%, while the Northeast, Midwest, and West saw increases of between 12% and 16%.

    "We're definitely seeing a brighter outlook, but not near a rubber-band snap back," says Rich Milgram, CEO of Beyond.com, a network of 15,000 niche career websites.

    Entry-level jobs posted on Beyond.com's network increased 80% between the first quarter of last year and this year, with engineering, healthcare, and information technology industries faring the best. High-paying, managerial roles saw more tepid increases, indicating that employers are choosing to fill cheap positions first, Mr. Milgram says.

    Even though the number of openings has grown, it can take three to four months before increases in openings start to translate to increases in actual hires, Mr. Milgram says.

    Soliant Health, a staffing firm for the health care industry, has seen requests from companies for nurse practitioners and physician assistants triple in the last year, says president David Alexander. Retailers, many of which have opened clinics inside their stores, and companies conducting in-home clinical trials have been among employers showing the most demand, while pharmacy technicians and licensed practical nurses, who don't need as much training as registered nurses, have been hard to place.

    "We're just starting to see pockets of demand pick up after the layoffs last year, but employers are still having no trouble finding candidates," Mr. Alexander says.





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  • GCard_Dream
    11-17 05:44 PM
    What do you mean by "Most people have run out of H1B and will have to change jobs on the extensions"? I thought that as long as you have a approved I-140, you could continue to extend your H1-B beyond the 6 years while you are waiting for your PD to be current. Isn't this true? Please explain.

    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.



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  • msyedy
    06-13 11:12 AM
    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...

    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs





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  • eb3_nepa
    07-28 05:22 PM
    My Friends.

    Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

    IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

    Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

    1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
    2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

    (FYI: I am an Indian and a proud to be one btw.)



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  • indianindian2006
    04-23 06:34 PM
    Congratulations Googler





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  • mmrao2007
    07-14 05:15 PM
    May be you can submit AC 21 now. Just a wild guess



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  • hpandey
    04-24 10:57 AM
    Wish you best of luck !!





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  • little_willy
    10-15 06:14 PM
    Nixtor - In the poll question you talk about providing your receipt number but I don't see any mentions about that in the document. Do you expect us to include our receipt # with this request. Please clarify.



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  • file485
    07-28 09:48 AM
    that is the catchy situation...I think this employment letter from the GC sponsored employer is required until we get the GC into our hands..so the sooner we get out of this cycle the better..or else we can be asked for a fresh employment letter in an RFE which is a sticky situation for many employers/employees





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  • ronhira
    03-12 12:37 PM
    I made it very clear even in past. I am more rational kinda guy. I want to know where my money is spent at high level - no details. I know its against IV policy. So I admire what IV is doing, I appreciate donor only forum but not contributing yet. May be I am wrong being too hard to be convinced. I will think over.

    n.b.: Yes, I do follow all action items including calling and faxing. I think everybody does this so needless to mention.

    u would think..... that everyone follow action items...... then y would we be in this mess if everyone is doing what they should......

    i think greyhair, you, kumarc123 are all part of the problem...... let me re-phrase that.... u r all a disease plaguing this eb community...... everyone has their own little petty reason for not participating...... so just eat taco with u'r $25, no need to think over.... keep volunteering me for doing things for u.... i don't care much for this bickering back & forth.... so leave me alone & let me enjoy my friday....



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  • pitha
    01-28 10:56 AM
    I don’t want to start another war here but all I am asking for is a fair treatment of people and not discriminate against people based on country of birth. One of the reasons I left my country, India, is because of the discriminating that exists there in terms of "reservations" where everything is reserved based on your caste for 50%. Now please dont tell me reservations and country cap are different, they are not different they are the same. they accomplish the same purpose in case of skilled immigration.I never thought such a thing would happen in US but it seems worst here because Indians and Chinese make up almost 70 to 80% of H1 (which is dual intent) but when it comes to employment based green cards (which are based on H1) Indians and Chinese combined get only 14% of the visas, don’t you see the tragedy here? Why don’t they enforce the country cap on H1 also, that way people from India and china will not have to suffer worse than others? But US is a competitive country, they want the best available talent for H1 and that’s the reason they don’t put country caps on H1.

    Take my case for example, I have come to this country in 1999 on F1 and have been working and paying takes since 2001. I am not even able to apply for 485. If I get laid off now I will have to leave US next year. Contrast this with somebody from Taiwan, UK or some non retrogressed country. In some cases they can get green card within the first year of coming to US. This is not a hypothetical case but a scenario which is happening quite often, especially in EB2. In my own company I have seen people (6 so far) who are 5 years junior to me (i.e joined the company 5 years after I did) get a green card where as I am dazed and confused and haven’t even applied for 485.

    I totally agree with country caps in non skilled immigration, because the only criteria is that you don’t have any diseases and don’t have a criminal background. But in skilled immigration it does not make sense to apply country caps unless you apply country caps in H1. but US is a competitive country, they want the best available talent for H1and that’s the reason they don’t put country caps on H1.




    getting rid of country caps will hurt ppl from ROW. we need to be united, what do u say? H1B and EB visas are not related and should not be confused as related items. There are exemptions on H1b but none on EB.


    totally agree with this.

    Have full faith in IV and I am sure they will try to keep the interests of all in mind, not just of those from one country that will benefit from ending country-caps.





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  • Jaime
    09-13 12:03 PM
    I think this is very important, I asked in the past about it but I got no answer.
    It would be OK for me to buy a bunch of flags (50-100) and maybe get reimbursed for them at the rally if somebody wants one? I get support from anyone?

    We need to do this! Any ideas on how to reimburse him? How much would it be? You can PM Core and ask!



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  • dressking
    09-28 05:34 PM
    Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.

    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.

    But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.

    Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.

    We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.

    Have I made it clear?





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  • swissgear
    09-14 02:46 PM
    Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.

    After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.

    I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.

    I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.

    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!





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  • bheemi123
    10-03 01:29 PM
    I am on L1A visa with Company A & the I-94 was valid till September 10, 2007.
    Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007.
    In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007.
    I have few question
    1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007
    2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me.
    3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.

    i did exactly like you..
    Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...





    GCard_Dream
    12-13 10:06 AM
    I am all for making contribution as well as sending faxes or personal letters. Count me in.

    No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???





    makemygc
    06-12 02:55 PM
    very well said, some people here say (or is it hope) that getting an amendment introduced and passed is as simple as buying a ticket to a movie. After all the shock treatment given to us by durbin, kyl, kennedy some people just want more shock treatment

    So what do you suggest exactly? Kill CIR and come up with Skill or some new bill. If in your opinion getting an ammendment itself in CIR is difficult then you can image the state of getting altogether a new bill solely for the GC, as if the senate or House cares.
    In my opinion, our only hope is getting attached to a big bill, CIR or whatever. Rowing alone..we can never cross this sea of retrogression. You know the kind of funding that we have. When it comes to funding very few comes forward.



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