katewill
08-18 01:51 PM
maybe traditional 140 go back in line? likewise how PERM caused BEC?
CaliHoneB
09-21 10:58 AM
There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
boreal
01-05 01:36 PM
Folks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
bharani
11-19 11:09 AM
Anyone got the same thing? What can I do here?
Refer to my comments in this thread http://immigrationvoice.org/forum/showthread.php?p=295160
Refer to my comments in this thread http://immigrationvoice.org/forum/showthread.php?p=295160
more...
ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
franklin
02-13 10:49 AM
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
more...
pd052009
10-07 11:38 AM
For Dobbs: Clean your back before pointing fingers...
ashishgour
04-30 04:09 PM
Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...
more...
abheja
08-25 04:59 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
caydee
05-26 03:47 PM
Just a thought, folks!!!
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true
It would be beneficial to analyze web immigration articles and post your valuable comments. Any visa number analysis is pure speculation. Let us make ourselves heard. To begin with, please visit the following web pages ....
http://www.usatoday.com/news/nation/2007-05-26-immigration_N.htm#uslPageReturn
http://www.townhall.com/columnists/PhyllisSchlafly/2007/05/26/senate_immigration_bill_is_a_sellout,_not_reform?p age=full&comments=true
more...
ssss
11-14 12:36 PM
I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC
As some stupid questions:
- I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
- If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
- Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
- any small clue will be greatly appreciated.
Thanks.
If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC
java4yogi
09-19 04:20 PM
Thanks for your reply. It does clear up a lot of questions..Now I guess we will be going to the SSN office after Oct. 1st only.
more...
desi485
03-17 10:43 PM
afaik your date of first application is your pd. To recapture it, you need to have copy of approved i140 or atleast knowledge that it has been approved.
sukhwinderd
09-14 04:04 PM
please read
more...
rrk
03-18 02:15 PM
Yha i got my EAD through Spouse.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
vinabath
07-02 03:01 PM
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
more...
priti8888
08-01 07:59 PM
guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
MatsP
November 9th, 2004, 07:37 AM
Hi Mandy, and welcome to Dphoto.
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
The choice of DSLR's is not an easy one.
By all accounts, the Digital Rebel/300D is an excellent camera.
So is the Olympus, as far as I know.
The Canon will give you a greater selection of lenses.
There's also another great choice in the Nikon D70.
Why would one be better than the other? Depends on what you want, really. All of them take good photos.
Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.
At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.
The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.
The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.
I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.
That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].
Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.
Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.
--
Mats
scorpioca
05-17 04:59 PM
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
krish2005
02-20 12:00 PM
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
When you yourself have posted that itgrunt is anti H1B, what's the use of us visiting the site, ignoring the virus issue.
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