tonyHK12
02-12 11:20 AM
thanks vkjanam
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kondur_007
07-28 01:04 PM
Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
This is exactly I have been trying to communicate for a long time.
I said this in my previous posts:
Following is my post from May:
http://immigrationvoice.org/forum/showthread.php?t=18876
Then I said it again:
http://immigrationvoice.org/forum/showthread.php?t=19058&page=2
Then I said it again and again:
http://immigrationvoice.org/forum/showthread.php?p=261937#post261937
And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.
Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.
This is exactly I have been trying to communicate for a long time.
I said this in my previous posts:
Following is my post from May:
http://immigrationvoice.org/forum/showthread.php?t=18876
Then I said it again:
http://immigrationvoice.org/forum/showthread.php?t=19058&page=2
Then I said it again and again:
http://immigrationvoice.org/forum/showthread.php?p=261937#post261937
And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.
vgayalu
06-27 11:13 AM
Thanks apnair. Really it is good news to all of us.
source http://www.immigration-law.com/
GOOD NEWS
source http://www.immigration-law.com/
GOOD NEWS
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satish_hello
08-28 10:57 PM
any Update?
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HumHongeKamiyab
12-16 05:42 PM
One more AC21 question -
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
Does the original I 140 stays with the employer or employee? Any other document that I need to get from my employer before switching?
Thanks,
cjain
11-01 05:20 PM
Gurus, experts, malik log...
Pls. illuminate us on this topic...
Pls. illuminate us on this topic...
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supreet
07-09 12:45 PM
Any suggestions?
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needhelp!
02-26 06:29 PM
Thank You abqguy.
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DallasBlue
08-25 12:00 AM
Quote:
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
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dionysus
09-09 04:36 PM
Got the magic email!! Yoo Hoo!!
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
more...
gc28262
08-26 05:08 PM
I filed my I-129 for H1B extension in March, 2008. It is almost 5 months. I haven't got my H1B extension approval yet.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
Do any of you experience delay in H1B extension? Is it normal waiting time after July 2007 fiasco?
I am also wondering why Vermont is delaying the processing of H1B though it is not processing I-485s?
Please share your experiences.
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
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feedfront
08-26 02:48 PM
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
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HarshJ
01-06 12:31 PM
Hi,
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
I had started the thread a while back and I am glad to tell that I finally got my FP notice and completed the FP process.
I had opened a SR on Nov 5th after filing I-485 in July (receipt date Jul 23rd). I got a standard notice in Dec first week indicating that they shall schedule a FP notice when there is an opening available at ASC ( I guess a standard reply from what I have read in the posts). I then took an info pass on Dec 8th and it was also a seemingly non fruitful visit.
Finally on Jan 2nd I got a voice mail at work from attorney (dated Dec 26th) that my FP appt was on Dec 27th. I never got any notice to this effect till Jan 2nd in mail. Hence the attorney sent me his copy by FedEx and I drove the very next day (Jan 4th) to the ASC in Oakland, CA. I explained the situation and they were kind enough to schedule me the same day. The process was pretty straightforward, and was completed in about 10-15 minutes.
My spouse on the other hand did get her notice in mail and her FP appt is on Jan 11th.....
So am not sure what worked....the call to CS, taking an infopass, or just plan praying :)
Anyways, I wish everyone luck here.
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gcspace
10-02 08:53 PM
I am still waiting for I 485 RN :( July 16 filed at Nebrasks signed by R. Pitcher
Vivek
Hi Vivek,
What time was your package delivered on July 16th
Vivek
Hi Vivek,
What time was your package delivered on July 16th
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bhobama
05-10 09:08 PM
Quota based on race argument is fallacious. For example, Bangladesh and Pakistan are not limited by the quota. However, they are the of the same ethnic/racial background as people from India.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
The concept of "diversity" by country is a racially motivated law. It does not promote diversity. In fact it limits diversity.
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joshraj
10-03 04:50 PM
Anyone with filing date on July 27, post on http://immigrationvoice.org/forum/showthread.php?t=14095
Thanks
Thanks
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JunRN
08-29 03:17 PM
NSC's receipting up-date is like fooling us around. It seems to me that if they touched one application with a date - July 24 - then it will declare in the Receipting up-date that it is already processing July 24 cases and yet, they are not yet finished with July 2 to 23 applications.
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ash0210
03-12 09:23 PM
Yes, I am here for around 12 years with no GC and I won't mind if someone interviews me to cover my story, also will submit my story in 'tell your story' thread.Today, I have signed myself in Ohio chapter to meet like-minded souls...
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
I have some problem on surfing & responding back because our "Big Brother" wathces who is surfing for how much time and also he/administrator did blocked Yahoo/Hotmail & all mail related to website..thats usual story for "Consultant Contractors"...
pls submit your story in 'tell your story' thread if you are interested in being interviewd. we need many compelling stories for media all the time.
INfact a lot of members here have told their stories. All please consider adding them in 'tell your story ' thread.
currently we have an opportunity with a very high profile magazine that wants to do a story. We have been unable to find the right story as per the reporter's need in that thread. ONly a few members have added their story. Pls add your story asap
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phillyag
08-25 01:47 PM
No I did not...the date before it was of back in 2008.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
My PD is Jan-17-2006 at NSC.
I got another soft LUD today but no change to my 485 status.
What does this mean ? I already got my approved EAD card 2 weeks back and the only thing pending is the 485 application.
renjuzone
07-03 08:54 AM
Use this post for any media coverage
http://immigrationvoice.org/forum/showpost.php?p=97398&postcount=10
http://immigrationvoice.org/forum/showpost.php?p=97398&postcount=10
seahawks
09-23 08:13 PM
I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.
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