Kamis, 16 Juni 2011

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  • rb_248
    02-07 09:42 AM
    Does your job requires you to have a Master's degree (or B.S. with some experience)? If it does not.....then you dont qualify for EB2. There is more to it. This is just a simple illustration. Even if you are a PhD if you take a job that requires only B.S. then you only qualify for EB3. This is my understanding.





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  • jthomas
    11-17 10:20 PM
    First, find a new job and check whether the job would be the one which you would like. Get H1B transfer and move to the next job.
    If i were you, with a lame excuse tell the present employer that you want to move to a another job because there is nothing challenging to work on. I liked working with you and i hope i can join you sometimes later. Praise him a lot so that he feels he had been falsely praised. If he starts talking to you about the contract tell him you would report to DOL etc..
    I paid for my H1B fees and i don't care for paying the fees if i can get a raise by changing employers. This is my 3rd job and i had paid the H1B fees except one part the employer has to pay. (i.e. fraud fee, etc..) the lawyers fee is not required to be paid by the employer.
    Forget of $3K, change the job and try to get 20% higher salary elsewhere a place you like. Its easy to get a new job with better compensation.

    About my experience, I was working with a big desi company and they gave me 0.25% raise the first year and 0.7% raise the third year. When asked as promised when are you going to apply for my green card. They replied not this year but maybe on the 4th or 5th year because i am not fit to be a engineer. I left the company and found a small firm. I asked them to match my present salary and work on my green card. They promised me. (I like and respect Japanese onwers, they respect and treat better). They increased my salary by $13K in 6 months.
    world is not small, you will find some better employer. Don't fight on small matters. Look at a big picture. Fight with your present employer only if you have no options. If you have options, cut your losses and move ahead in life.

    J Thomas





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  • newuser
    09-22 04:05 PM
    Called the last 10 no's.





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  • pappu
    03-04 09:21 AM
    msp1976 Thank you for the article. We will try to get it published in US media. Thanks



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  • Honda
    04-15 02:28 PM
    Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
    I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
    When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
    As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
    1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
    2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
    3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
    4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
    5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
    I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
    Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.

    Sorry to hear your situation. Please let me know right now which state you are? i have some options to tell you.





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  • waitingmygc
    02-11 05:54 PM
    VinodMP,

    Sorry to hear about your denial.
    You haven�t mentioned about your education, maybe I missed it while reading the whole thread.

    If your education was equivalent to US Masters (16 years) at the time of filling labor, in your case more specifically MTech or MCA etc. (16 years education) from India, both equivalent to US masters then it�s a wrong denial.



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  • shana04
    02-23 01:51 PM
    Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21.

    Chandu, my question is not whether HR dept can handle it properly or not.

    My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.

    Coz until he finds a job and files for AC21 an applicant does not do any thing.

    And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
    "f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."

    Chandu, thanks for at least answering my question.

    Good luck for you!





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  • bluez25
    06-26 07:05 PM
    Guys,

    There seems to be little outdated information on this forum.

    1. We can not apply for the medicals if you have opted for the CP. You have to do medicals only in the place where your case will be transfered from NVC.
    example: If your case is transferred to Chennai consulate. you have to do your medicals in chennai from the list of doctors they provide.

    2. Once your I 140 gets approved, your application will be transferred to the NVC for further processing if you opted for the CP.

    3. Once NVC receives the approved 140 it will then notify the attorney or yourself with Fee bills to be paid.

    4. Once you send the cachiers check for the CP processing, NVC receives the same and send the Packet 3 which is the FORM DS 230 Part 1 to the attorney of records.

    5. Once you receive the DS 230 Part 1, you will have to fill that and send it back to NVC.

    6. NVC complets the proccessing and will keep the file at NVC until the Priority dates become current.

    7. Once it becomes current, NVC forwards the case to the respective consulate for further processing and scheduling of appointments.

    8. once the consulate receives the same depending on their appoinment schedule will schedule an appoinment and will go on from there.... issuing the visa..

    With Respect to me...

    My 140 got approved in jan 2007,
    sent to NVC in march
    NVC sent the fee bill in April
    Sent the bills back to NVC in April.
    Received packet 3 DS 230 part 1 in May 2007
    sent the filled out form in May 2007,
    NVC forwarded the case to chennai consulate on June 5th
    Waiting to get any news from chennai consulate.....

    Hope this clarifies every one in this forum



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  • belmontboy
    03-15 11:40 PM
    By the way is it you who gave red...:mad:

    No. I don't have any reason to give you red for this post.





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  • Hassan11
    07-20 02:45 PM
    The short answer is most republicans voted yes for the senator Cornyn's bill to recapture the unused employment -based visas from previous years and almost all Democrats voted No (except Murray democrat from Washington voted yes for the bill. I guess Microsoft does have influencial power on the senator from Washington state)

    see the info here about bill: http://www.immigration-law.com/Canada.html

    Yesterday, Senator Cornyn introduced on the Senate floor Amendment 2339 to H.R. 2669, FY 2008 Budget, proposing the following temporaary relieffor the employment-based immigrants. Sadly, the bill was rejected by 55 Nays, 40 Yeas, and one No Vote. Do your want to know who voted against this bill? Click here.
    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--


    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;
    (2) by redesignating clause (vii) as clause (ix); and
    (3) by inserting after clause (vi) the following:

    ``(vii) 65,000 in each of fiscal years 2004 through 2007
    ``(viii) 115,000 in fiscal year 2008; and''.

    This reporter asks the readers to join him to extend our "THANK YOU" to the Senator Cornyn for continuously supporting the American businesses, foreign brains, and employment-based immigration. This reporter also urges the readers to send a thank-you email for his support.
    We are proud of the Senators from Minnesota, Norm Coleman (R) and Amy Klochubar, by setting aside the partisan politics and casting bi-parisan support for this bill. THANK YOU, and THANK!!

    here is the list of the senators of their votes:

    U.S. Senate Roll Call Votes 110th Congress - 1st Session

    as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate


    Vote Summary

    Question: On the Motion (Motion to Waive Cornyn Amdt No. 2339 )
    Vote Number: 266 Vote Date: July 19, 2007, 11:00 PM
    Required For Majority: 3/5 Vote Result: Motion Rejected
    Amendment Number: S.Amdt. 2339 to S.Amdt. 2327 to H.R. 2669 (College Cost Reduction Act of 2007 )
    Statement of Purpose: To provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses.
    Vote Counts: YEAs 55
    NAYs 40
    Not Voting 5
    Vote Summary By Senator Name By Vote Position By Home State


    Alphabetical by Senator Name Akaka (D-HI), Nay
    Alexander (R-TN), Yea
    Allard (R-CO), Yea
    Barrasso (R-WY), Yea
    Baucus (D-MT), Yea
    Bayh (D-IN), Yea
    Bennett (R-UT), Yea
    Biden (D-DE), Nay
    Bingaman (D-NM), Nay
    Bond (R-MO), Yea
    Boxer (D-CA), Nay
    Brown (D-OH), Nay
    Brownback (R-KS), Not Voting
    Bunning (R-KY), Yea
    Burr (R-NC), Yea
    Byrd (D-WV), Not Voting
    Cantwell (D-WA), Yea
    Cardin (D-MD), Nay
    Carper (D-DE), Nay
    Casey (D-PA), Nay
    Chambliss (R-GA), Yea
    Clinton (D-NY), Nay
    Coburn (R-OK), Yea
    Cochran (R-MS), Yea
    Coleman (R-MN), Yea
    Collins (R-ME), Yea
    Conrad (D-ND), Nay
    Corker (R-TN), Yea
    Cornyn (R-TX), Yea
    Craig (R-ID), Yea
    Crapo (R-ID), Yea
    DeMint (R-SC), Yea
    Dodd (D-CT), Nay
    Dole (R-NC), Yea
    Domenici (R-NM), Yea
    Dorgan (D-ND), Nay
    Durbin (D-IL), Nay
    Ensign (R-NV), Yea
    Enzi (R-WY), Yea
    Feingold (D-WI), Nay
    Feinstein (D-CA), Nay
    Graham (R-SC), Yea
    Grassley (R-IA), Yea
    Gregg (R-NH), Yea
    Hagel (R-NE), Yea
    Harkin (D-IA), Nay
    Hatch (R-UT), Yea
    Hutchison (R-TX), Yea
    Inhofe (R-OK), Yea
    Inouye (D-HI), Nay
    Isakson (R-GA), Yea
    Johnson (D-SD), Not Voting
    Kennedy (D-MA), Nay
    Kerry (D-MA), Nay
    Klobuchar (D-MN), Yea
    Kohl (D-WI), Nay
    Kyl (R-AZ), Yea
    Landrieu (D-LA), Yea
    Lautenberg (D-NJ), Nay
    Leahy (D-VT), Nay
    Levin (D-MI), Nay
    Lieberman (ID-CT), Yea
    Lincoln (D-AR), Nay
    Lott (R-MS), Not Voting
    Lugar (R-IN), Yea
    Martinez (R-FL), Yea
    McCain (R-AZ), Yea
    McCaskill (D-MO), Nay
    McConnell (R-KY), Yea
    Menendez (D-NJ), Nay
    Mikulski (D-MD), Nay
    Murkowski (R-AK), Yea
    Murray (D-WA), Yea
    Nelson (D-FL), Nay
    Nelson (D-NE), Yea
    Obama (D-IL), Not Voting
    Pryor (D-AR), Nay
    Reed (D-RI), Nay
    Reid (D-NV), Nay
    Roberts (R-KS), Yea
    Rockefeller (D-WV), Nay
    Salazar (D-CO), Nay
    Sanders (I-VT), Nay
    Schumer (D-NY), Yea
    Sessions (R-AL), Nay
    Shelby (R-AL), Yea
    Smith (R-OR), Yea
    Snowe (R-ME), Yea
    Specter (R-PA), Yea
    Stabenow (D-MI), Nay
    Stevens (R-AK), Yea
    Sununu (R-NH), Yea
    Tester (D-MT), Nay
    Thune (R-SD), Yea
    Vitter (R-LA), Yea
    Voinovich (R-OH), Nay
    Warner (R-VA), Yea
    Webb (D-VA), Nay
    Whitehouse (D-RI), Nay
    Wyden (D-OR), Yea

    Vote Summary By Senator Name By Vote Position By Home State



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  • gcnirvana
    09-22 03:27 PM
    Called first 10 in NeedHelp's list. Will call the rest shortly.
    People...please call...its NOW or NEVER!!





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  • getgreensoon1
    04-20 11:45 AM
    You are right -- 3 Year Bachelor + 3 year Master (in related field) is good to go. 3 Year Bachelor + 2 year Master is unlikely to sail through.

    In this case, OP need to establish that his/her Masters is 3 years.

    Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.

    Looks like policiticans are doing some work here.



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  • shana04
    02-23 05:13 PM
    Not sure what Shana wants, looks like he is feeling insecure about the whole process of changing jobs or layoffs etc....

    He wants assurance that AC21 works fine and he will not have any issues.

    I can only say - AC21 protects you, but cannot guarantee the ride will be smooth.

    Chandu,

    It is not about me and I have used AC21 with H1 and now on I using EAD.

    I had bumps on my way with RFE and sorted out with my attorney.

    All I am asking is in general for every one who are on this I-485 (freeway).

    I would personally prefer paying tolls and had a smooth ride, but thats not an option for me.

    Good luck to you!





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  • tooclose
    08-11 10:48 AM
    Hopefully they might be waiting to approve both AP and 485 together. (I am thinking they might have taken the amount on AP already)

    Take an info pass appointment to get more details if it is close to you.

    I am in Mar first week PD and hence dont know whether my PD is current yet (Aug VB). Planning to wait for the first week of September before taking an infopass appointment.



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  • cygent
    07-17 07:52 PM
    Thanks aadimanav,

    I have emailed & faxed Rep. Henry Waxman, CA 30th District
    Also 2 legislators here - Senator Sheila Kuehl and Senator Mark Ridley Thomas
    Update: Senators Dianne Feinstein and Barbara Boxer as well

    I will send more tomorrow, and will post here. Come on People. The time is NOW.





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  • PrinceVA
    04-19 03:26 PM
    CHANGE - That is all that is left in my pocket

    Can I Please borrow some ? :)



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  • ivslave
    09-11 06:43 PM
    to see higher number.... more than 77% at this time.....





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  • pappu
    02-23 10:03 AM
    Please provide the email address/new thread where we can write the articles. Perhaps the admins can review all the articles submitted, and then choose some of the articles which they think are worthy, and other users can then try to post their comments. Last, the admins can edit the article based on those suggestions.
    write articles and post them on this thread





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  • gangwar
    04-12 12:42 PM
    I sent $100 cheque 3 weeks back, Cheque not encashed as of now.
    Whome should I contact ?





    gvenkat
    03-19 05:14 PM
    Any visa form or I-94 form at POE will contain a section for declaring these.

    Yes, you have to indicate. If you don't and they findout it would constitute perjury leading to revocation and possibly complicate your life further.

    I-94 form does not have any such thing.. But DS-156 and 157 might have.. so if the guy goes and does not apply for a visa he shud be fine i think...





    nixstor
    07-04 03:25 PM
    To reflect the discussion.



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