samrat_bhargava_vihari
06-18 11:57 AM
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
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chris
11-08 12:28 PM
msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.
WISHING YOU AND YOUR FAMILY
A VERY HAPPY DIWALI AND
A PROSPEROUS NEW YEAR!!!:)
Diwali is not only for indians, for everyone.
Victory on evil.
Evils are every where not only in India.
WISHING YOU AND YOUR FAMILY
A VERY HAPPY DIWALI AND
A PROSPEROUS NEW YEAR!!!:)
Diwali is not only for indians, for everyone.
Victory on evil.
Evils are every where not only in India.
popoye
07-08 12:01 PM
I have EAD approved and 485 pending over 180 days. But 140 is still in process. My company decided to lay me off. What options do I have ?
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
1. The company is not mean to revoke my 140 unless it is required by law to revoke 140 for all lay offs, Please advise.
2. What options do i have now to retain my GC process
2011 TUPAC QUOTES
thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
more...
tnite
06-18 11:04 AM
WithoutGCAmigo, no panic. there are processing dates which you should be worried about after you file EAD / AP etc.
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?
To file it goes per visa bulletin. Hope you are upto date with that.
thats the talk of the town, sorry COUNTRY now
IV memeber experts - should be on the way to throw more light / clarify
good luck
The reason the processing dates matter is because by the time USCIS gets to process our I765 and I131 the dates would have retrogressed and then what happens is a million dollar ?
saimrathi
07-10 09:25 AM
Yup, Gandhigiri will work.. We have lots of time in our hands.. British enjoyed their 300 year stay in India.. Lets enjoy our stay in US also.. at the hands of our employers, lawyers etc.. :o
Lets not hope for results just act. If Gandhi could drive Britishers out of India using this approach, USCIS is also made of human people and sure they will do something to lessen our pains.
Lets not hope for results just act. If Gandhi could drive Britishers out of India using this approach, USCIS is also made of human people and sure they will do something to lessen our pains.
more...
vinodmp
02-11 12:23 PM
""A certified labor is needed to approve your 140. So your 140 was approved without labor? "
No. I have a certified labout and I140 . I have of both .
Thanks
-vinod
No. I have a certified labout and I140 . I have of both .
Thanks
-vinod
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Mount Soche
08-15 10:45 AM
there is nothing on the N-400 form that asks how you became a resident and how long you stayed at the job.
they will only ask you at the interview.
some of us are working under very abusive circumstances and i'm sure the interviewer will understand your reasons for leaving earlier.
i think the whole fraud/stay 6 months thing is just another ploy for some employers to keep using some of us for longer.
they will only ask you at the interview.
some of us are working under very abusive circumstances and i'm sure the interviewer will understand your reasons for leaving earlier.
i think the whole fraud/stay 6 months thing is just another ploy for some employers to keep using some of us for longer.
more...
eb3India
04-16 01:36 PM
Adjustment in Dollar exchange is good for both US and Indian economy, if $ hits Rs 38, this will certainly makes outsourcing even more expensive, Indian companies which are currently overrated will have much needed adjustment and the ripple effect of which can be seen in local Indian market such as realestate etc. In a long run this is good,
for those who are still counting on saving a pot of money and retiring in India time to wake up and see the reality
for those who are still counting on saving a pot of money and retiring in India time to wake up and see the reality
hair I#39;m a sucka for love.
Sree Swathi
04-21 01:49 PM
thanks Michael chertoff
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
Not baby sitter. I want to take care of my parents.
it is part of our culture, we all live together forever.
more...
franklin
08-22 07:06 PM
First your PD has to be current for USCIS to look into your RD.
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
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singhsa3
10-12 05:09 PM
yes
are you joining us?!
are you joining us?!
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masaternyc
07-19 02:12 PM
EB2-PD May 22, 2006-India-Reached July 2nd, 2007. Checks Not Cashed Yet.
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BharatPremi
07-06 11:49 AM
How do you define "All effected"?
The people who became "Current" with FIRST July Visa Bulletin
The people who became "Current" with FIRST July Visa Bulletin
more...
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chandru118
09-10 03:12 PM
When I checked the status of my FOIA request in the USCIS website, it says that it was processed on Aug 30th. But I have not received anything in the mail. How long does it take from processed date to get info in the mail? Can anyone share their experience?
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GoneSouth
02-28 03:50 PM
Skilled, Legal Immigrants Tangled in Illegal Immigration Mess
The debate over what to do about the millions of illegal immigrants in this country has occupied much of the public mind share over the past year, including press coverage, demonstrations, and debate and legislation at all levels of government. Drowned out by all the noise over illegal immigration is an issue of critical importance to American industry and tens of thousands of hopeful would-be citizens: the legal immigration system for skilled workers is badly broken and in need of an overhaul.
Of the on-average 850,000 green cards doled out annually over the past decade, approximately 16% (140,000 / yr), are allocated to so-called �skilled workers� - nurses, engineers, medical researchers, and a variety of other professionals. They have at least a bachelor�s degree, typically in a technical discipline, and many have master�s degrees or doctorates and significant experience in their fields. These workers pay taxes and health insurance, are educated and law-abiding, and they contribute to their communities. Most importantly, they help drive economic growth by supplying critical skills to US industry in an increasingly competitive global market.
Contrary to what some alarmists will have you believe, these workers are not stealing American jobs. They are brought to the US by American-owned companies who can�t find sufficiently skilled US workers. The US Department of Labor (USDOL) requires the employer to prove that there are no suitably qualified US workers available before allowing the foreign worker to be hired. Skilled green card applicants are also not �cheap labor�. The employer is required by law to pay at least as much as they would pay a comparably qualified US worker. This wage is established by survey and audited by USDOL. Anti-immigration rhetoric simply does not hold up to scrutiny when compared with realities of the legal immigration process.
The green card process for skilled workers has traditionally taken 18-24 months. However, many current applicants are facing waits of 5 years or more due to bureaucratic bottlenecks at the Department of Labor, US Citizenship and Immigration Services, and even the FBI. Recent attempts to fix the legal green card process have become mired in politics over what to do about illegal immigrants. For example, a number of measures that would have helped US corporations sponsor legal green card applicants were included in the Comprehensive Immigration Reform Act (CIRA) of 2006. However, after passing in the Senate last year, this bill ground to a halt in the House because it provided a path to citizenship for illegal aliens, a measure strongly opposed by many US Representatives.
Legal green card applicants are hopeful that Comprehensive Immigration Reform will be re-visited in 2007 and get a much warmer reception now that the US House of Representatives is controlled by the Democrats. Measures in the bill introduced last year would help to restore the green card process back to traditional 18-24 month wait times, allowing immigrants to get on with their lives and integrate fully with the US workforce in a timely fashion. Highly skilled, legal workers are good for the economy, good for our communities, and good for American industry in an increasingly competitive global economy. The Comprehensive Immigration Reform bill deserves the support of the American people in 2007.
The debate over what to do about the millions of illegal immigrants in this country has occupied much of the public mind share over the past year, including press coverage, demonstrations, and debate and legislation at all levels of government. Drowned out by all the noise over illegal immigration is an issue of critical importance to American industry and tens of thousands of hopeful would-be citizens: the legal immigration system for skilled workers is badly broken and in need of an overhaul.
Of the on-average 850,000 green cards doled out annually over the past decade, approximately 16% (140,000 / yr), are allocated to so-called �skilled workers� - nurses, engineers, medical researchers, and a variety of other professionals. They have at least a bachelor�s degree, typically in a technical discipline, and many have master�s degrees or doctorates and significant experience in their fields. These workers pay taxes and health insurance, are educated and law-abiding, and they contribute to their communities. Most importantly, they help drive economic growth by supplying critical skills to US industry in an increasingly competitive global market.
Contrary to what some alarmists will have you believe, these workers are not stealing American jobs. They are brought to the US by American-owned companies who can�t find sufficiently skilled US workers. The US Department of Labor (USDOL) requires the employer to prove that there are no suitably qualified US workers available before allowing the foreign worker to be hired. Skilled green card applicants are also not �cheap labor�. The employer is required by law to pay at least as much as they would pay a comparably qualified US worker. This wage is established by survey and audited by USDOL. Anti-immigration rhetoric simply does not hold up to scrutiny when compared with realities of the legal immigration process.
The green card process for skilled workers has traditionally taken 18-24 months. However, many current applicants are facing waits of 5 years or more due to bureaucratic bottlenecks at the Department of Labor, US Citizenship and Immigration Services, and even the FBI. Recent attempts to fix the legal green card process have become mired in politics over what to do about illegal immigrants. For example, a number of measures that would have helped US corporations sponsor legal green card applicants were included in the Comprehensive Immigration Reform Act (CIRA) of 2006. However, after passing in the Senate last year, this bill ground to a halt in the House because it provided a path to citizenship for illegal aliens, a measure strongly opposed by many US Representatives.
Legal green card applicants are hopeful that Comprehensive Immigration Reform will be re-visited in 2007 and get a much warmer reception now that the US House of Representatives is controlled by the Democrats. Measures in the bill introduced last year would help to restore the green card process back to traditional 18-24 month wait times, allowing immigrants to get on with their lives and integrate fully with the US workforce in a timely fashion. Highly skilled, legal workers are good for the economy, good for our communities, and good for American industry in an increasingly competitive global economy. The Comprehensive Immigration Reform bill deserves the support of the American people in 2007.
more...
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dixie
08-01 11:06 AM
People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
I think the said "outsourcing" is already happening to a limited degree .. in fact many IT jobs in Canada are nothing but canadian offices of US firms. But it is never going to reach the extent of India or China, mainly because the savings in terms of cost are not as big.
The biggest problem I find with the canadian job market is limited demand for highly specialized IT skills .. so finding any job will not be a problem; but finding one commensurate with your qualifications and experience will be hard.Secondly, there are fewer tech centers than the US .. so one cannot afford to be too fussy about location etc. As far as I know, only Toronto and surrounding areas in Ontario would qualify as a "tech hub" in the US sense.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
I think the said "outsourcing" is already happening to a limited degree .. in fact many IT jobs in Canada are nothing but canadian offices of US firms. But it is never going to reach the extent of India or China, mainly because the savings in terms of cost are not as big.
The biggest problem I find with the canadian job market is limited demand for highly specialized IT skills .. so finding any job will not be a problem; but finding one commensurate with your qualifications and experience will be hard.Secondly, there are fewer tech centers than the US .. so one cannot afford to be too fussy about location etc. As far as I know, only Toronto and surrounding areas in Ontario would qualify as a "tech hub" in the US sense.
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GCOP
09-22 03:04 PM
I already called all of them today. Guys, please keep calling for Support of HR 5882 . We have seen , that phone calls work.( They have rescheduled this Mark up of the Bill on 9/23/08, after many of us, called Judiciary Committee Office, last week)
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cygent
05-02 02:39 PM
What is this OBC battle you are talking about?
My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
As for the OBC battle, is this the right forum to discuss such issues ?
My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
As for the OBC battle, is this the right forum to discuss such issues ?
lakshman.easwaran
07-01 09:46 PM
Does anyone know whether hard copy of Labor approval is required for filing Form 1-140. My Labor status shows certified, but my lawyer is conveying that they have not received my hard copy of approval to process Form I-140 and 485. Can some one tell me if we can take a print out of Labor approval from online status and use it for filing 140.
nixstor
07-14 11:54 AM
While some members might have jumped too hard on the whole thing, Some stuff goes unanswered.
1) Why has not USINPAC endorsed IV all this while on their website? Does not USINPAC know any thing about IV?
2) While I understand the importance of fund raisers for politicians, why USINPAC has not involved US citizens of American origin to contribute to the cause? What about grass roots efforts?
3) I dont have the exact statistics, but I am positive that every one out of 2/3 Indians living in the US is plagued by this problem of GC. How come Orgs like USINPAC are not pushing this by all means?
Forget the media mishap and the outrage of some members, if USINPAC really considers Immigration of Highly skilled Indians, they should be doing some thing. I personally am neither defending the outrage of some members nor appreciating it, but most of the Indian American citizen community does not want to be in sync with the plight of Indians immigrating to US.There are various reasons. Most important one as I have seen, Many in the Indian American citizen / Indian Permanent Resident community run consulting companies and they would hate to see these guys slip away from their hands by getting GC's. Fcuk, its like the damn door closes right behind you. I am positive most of those shops will come down to earth if Indian citzens start getting their GC's. May be its time, the Indian American Citizens/ Indian PR's ask themselves, what they really want. I have been to some Indian regional association meetings and the big guys or folks from my generation ahead would love to see their kids get married to an Indian or would love to see their kids grow with the rich heritage, but damn it, they just want it to happen with out doing any thing.
1) Why has not USINPAC endorsed IV all this while on their website? Does not USINPAC know any thing about IV?
2) While I understand the importance of fund raisers for politicians, why USINPAC has not involved US citizens of American origin to contribute to the cause? What about grass roots efforts?
3) I dont have the exact statistics, but I am positive that every one out of 2/3 Indians living in the US is plagued by this problem of GC. How come Orgs like USINPAC are not pushing this by all means?
Forget the media mishap and the outrage of some members, if USINPAC really considers Immigration of Highly skilled Indians, they should be doing some thing. I personally am neither defending the outrage of some members nor appreciating it, but most of the Indian American citizen community does not want to be in sync with the plight of Indians immigrating to US.There are various reasons. Most important one as I have seen, Many in the Indian American citizen / Indian Permanent Resident community run consulting companies and they would hate to see these guys slip away from their hands by getting GC's. Fcuk, its like the damn door closes right behind you. I am positive most of those shops will come down to earth if Indian citzens start getting their GC's. May be its time, the Indian American Citizens/ Indian PR's ask themselves, what they really want. I have been to some Indian regional association meetings and the big guys or folks from my generation ahead would love to see their kids get married to an Indian or would love to see their kids grow with the rich heritage, but damn it, they just want it to happen with out doing any thing.
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