snathan
02-22 01:00 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
Its a valid point. If its more or less the same description of the job...you will have hard time to convince the USCIS. Most likely the PERM will be approved and you will face issues during EB2 - I-140.
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amsgc
02-23 09:22 AM
Vroapp,
Thanks for sharing your thoughts!
Thanks for sharing your thoughts!
rsayed
04-13 03:58 PM
http://www.aila.org/RecentPosting/RecentPostingList.aspx
http://www.aila.org/content/default.aspx?docid=22101
Also, here's the Bill no. and Title -
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
http://www.aila.org/content/default.aspx?docid=22101
Also, here's the Bill no. and Title -
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
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whitecollarslave
02-10 01:05 PM
All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
more...
MetteBB
05-11 11:58 AM
and two more
das0
06-22 12:33 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
more...
JazzByTheBay
09-07 06:52 PM
Some proposals are realistic and can be implemented. An increase in EB-visa numbers may not be that realistic at the moment, but most of the others like recapturing visa numbers lost every year (upwards of 200K), considering the primary beneficiary towards the quota, etc., as well as some interim benefits.... are all part of the proposals afaik.
Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.
As they say, even God doesn't help those who don't help themselves... :)
jazz
I believe in IV and its efforts.
I understand rally will help IV to demonstrate the people support.
I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.
But can someone clarify me, what exactly IV is requesting law-makers?
1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)
2) Remove country limit (still have to 5 years)
3) Increase the EB quota?
4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.
5) Another Immigration Reform bill for legal?
Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.
Thanks
Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.
As they say, even God doesn't help those who don't help themselves... :)
jazz
I believe in IV and its efforts.
I understand rally will help IV to demonstrate the people support.
I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.
But can someone clarify me, what exactly IV is requesting law-makers?
1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)
2) Remove country limit (still have to 5 years)
3) Increase the EB quota?
4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.
5) Another Immigration Reform bill for legal?
Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.
Thanks
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panky72
10-01 10:01 PM
If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
more...
NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
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go_guy123
10-05 11:43 AM
Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.
Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
On the other hand they can avoid annoying center and independent voters.
Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
On the other hand they can avoid annoying center and independent voters.
more...
gcgonewild
07-29 02:27 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
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EkAurAaya
07-17 12:09 AM
From what I have heard so far, you need the receipt number. Talk to your lawyer asap.
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
yes that is what my lawyer said, i think you need to include the a# once you have it from one application
more...
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validIV
03-09 06:27 PM
Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.
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ashutrip
06-18 08:52 AM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
more...
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softcrowd
04-16 09:46 PM
Nothing to panic. This is a disaster & the entire world knows about it. Just make sure to take the screenshots of flight cancellation status & few online news headlines. Ask your parents to carry this while traveling to US in future.
For now, try to see there are any other options for them (like booking the ticket via one of those middle-east airlines). If not, just wait till middle of the next week so situation would be improved anyway.
Couple of days delay is easily justifiable under extraordinary situation like this one.
For now, try to see there are any other options for them (like booking the ticket via one of those middle-east airlines). If not, just wait till middle of the next week so situation would be improved anyway.
Couple of days delay is easily justifiable under extraordinary situation like this one.
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abracadabra
07-15 03:41 PM
I have the same question. If somebody knows please let us know
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
I wonder if MSNBC, CNN, FOX ever covered any of legal immigrants stand against the present immigration mess. I don't see any news about the flower campaign, about visa bulletin fiasco, or even the rallies that we have been doing? The fight has been very strong and unity is finally in place.
Am I missing something here? Most of us sent so many mails to these bigwigs and nobody showed our news and plight on their news?
more...
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desi485
10-11 01:26 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
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gcformeornot
08-29 12:36 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
not full proof.
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roseball
03-08 09:21 AM
looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
solaris27
08-06 06:22 PM
congrats
pa_arora
02-10 06:32 PM
The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
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