perm2gc
01-02 05:58 PM
Posted about IV on www.denverindians.com
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
Thanks jonty_11
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
Thanks jonty_11
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sledge_hammer
03-05 04:57 PM
I have voted on this poll.
Thanks!
Thanks!
bskrishna
07-03 12:31 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
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ItIsNotFunny
04-04 09:22 AM
I think this Bill will die like 2006 SKIL bill.
I don't think so. Here is my view:
I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.
If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.
Common sense is not common.
I don't think so. Here is my view:
I believe GC issue is root cause of the problem. Because people can not get GC for 6-7 years, employers (body-shoppers in real words) wants only H1 holder as they will work as slaves with them for years due to GC. This encourages them only to take H1B holders and not GC holders or citizens on payroll.
If government removes retrogression, immediately 80% of the body-shoppers (blood suckers in real words) have to close their shops and H1 quota will be available to all.
Common sense is not common.
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desi3933
02-03 01:04 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
....
....
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
Like I said before, W2 should be good enough. If you get employment letter for that period, that will be better.
Typically LCAs are not needed, unless asked to prove H1-B status for job location and other related issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
WillIWin?
07-24 01:36 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
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buehler
06-13 11:13 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
I thought that the video was quite funny. Now for some one to think that it is true is even more funny. :D
I thought that the video was quite funny. Now for some one to think that it is true is even more funny. :D
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tooclose
07-13 07:14 AM
What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
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khushig
09-05 02:07 PM
I along with many more are graduating every year and filing for there OPT. Few students are lucky, as they are able to find corporate employers (not desi's) who would sponsor H1. But for others, time is the constraint so they have to find alternatives. Hence for most OPT students the option is to look for desi employers.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.
I feel the problem that employers (small to midsize) are not educated about H1 B process. If this happens most of the problems will be solved. But for now with so many students graduating every semester, the only option is to go through desi employers, which in a way is not a bad idea (when you think long term).
There are many sites that provide valuable information.
www.desiopt.com is one of the many sites that helps students in this matter.
www.Sulekha.com also provides information on some good companies.
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neoarch
12-23 10:24 AM
Hi all,
I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.
I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(
I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(
I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.
I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(
I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(
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gimme_GC2006
07-12 05:22 PM
All right I am current again..exactly after 2 years
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.
mwuahhhaaaa...c'mon..come to papa now :D:D
tick..tock..tick..tock :rolleyes:
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rajeev_74
07-05 11:09 AM
Hope this helps...
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
more...
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nixstor
07-02 10:46 PM
Guys,
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched
Q. Can we file a lawsuit?
A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.
Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.
I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.
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cool_guy_onnet1
02-21 10:29 AM
How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
Not that i want to. just out of curiosity. thanks
My co-worker tried that and now has 3 RFE's to respond to.
Don't know the details but mostly it looks like a scam since why did one file Eb3 in first place and how can he add more exp. while Eb3 is pending as a factor for EB2? He is respondign since OCT. but they just keep asking for more details and they have first question for 140/PERM asking - DID YOU EVER HAD ANOTHER LABOR certification besides this one?
Be very careful-
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PresidentO
02-04 11:58 AM
Actually country quota may be unfair based on skills. But green card is not the selection of brightest in interview or test. All the cases of gc are tested and everyone are equally important. For example scientist in Nasa and a Programmer in a Tech company are important. If really see merrit Nasa scientist must have priority. But really everyone is important as they are important for their employer. So having country quota will not select any incapable persons as every candidate is tested.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
Also even if country quota is eliminated there is not going to be much difference in EB3(May be 6 month to 1 year PD difference). If you put calculations you can understand very well because unused quota is used in last quarter. Better calculate before starting compaign. May be another few thousand Visas could be utilized as Visas may not be wasted. If Recapture bill is passed with or without country quota then entire EB3 will be benefited. Otherwise it is just helpful to spoil the chances of row people at the same time it will not give much benefit to EB3 Indians.
I remember that EB3 persons were angry with EB2 people for a few months as they got all of other countries EB2.
Dude! Skills based mean not because of your country. That is it. Stop there. What people are clamoring for is single line as both the Nasa scientist and programmer are equally important to their employer. Now, no one knows who will get out first even though he/she has both merit/old pd and other crap. Country cap removal is not the only solution. Recapture with carry over going forward and/or increase of EB numbers to 250K or above is the complete solution.
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hpandey
01-18 12:34 PM
What a stupid law. I have seen my couple of friends in the same situation too near the Canadian border where they were asked for their passports and they did not have them ( of course not !! ) . They were travelling to Vermont and never crossed the border .
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
But one thing to think about is that is carrying your passport and your H1 ( or whatever visa you hold ) original documents with you at all times safe. There is a good chance of them getting stolen \lost since obviously you can't carry them in your pocket like your wallet .
This is totally ridiculous. This is one of those strange laws that appear in news about states having silly laws ...
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de2002
03-11 09:45 AM
http://www.nytimes.com/2008/10/03/opinion/03fri2.html?scp=1&sq=legal%20immigration&st=cse
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feedfront
09-14 04:48 PM
what is EVL?
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
Employment Verification Letter.
I also got an RFE asking for my employer letter. I moved to IL from CA.
I got the letter from employer and submitted to USCIS... waiting for answer..
Employment Verification Letter.
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ItIsNotFunny
10-16 10:23 AM
I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
I still don't believe that USCIS has no say in spill over - think again :)
Congress need to change that rule not USCIS.
Know your facts before suggesting something that doesn't work!!!
I still don't believe that USCIS has no say in spill over - think again :)
sushilup
07-11 12:49 PM
issue one year EAD and milk more money
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
source: www.immigration-law.com
07/11/2008: Indian EB-2 Visa Number in Visa Bulletin August 2008 and Anticipated Expedited Adjudication of Their I-485 Applications to Prevent EB 2008 Visa Number Waste
The movement of the EB-2 visa numbers for Indians is indeed a very good news in that it sounds that the USCIS intends to take out the visa numbers for them before the end of September 2008 as best as they can and attempt to adjudicate the applications before the new fiscal year starts on October 1, 2008. Obviously, there must be a large number of EB-2 cases which were filed during the July 2007 Visa Bulletin fiasco whose priority date is June 1, 2006 or earlier date. It appears that the USCIS has been working hard to get these cases ready for adjudication while their visa numbers are availalbe so that the agency prevents the visa number for FY 2008 from being wasted. Please stay tuned to this web site for this remarkable turn of the events.
test101
07-18 11:07 PM
what is NSC phone number ? does any one know ? thanks
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