desi3933
07-10 02:25 PM
@desi3933:
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
"Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!
Looks like you missed this on that link:
The job opportunity must be for a full time, permanent position.
There must be a bona fide job opening available to U.S. workers.
Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.
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Imigrait
01-30 03:37 PM
No.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot.
It is customary to put one year expiration for I-94 for AP entry. It does not mean much.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks a lot.
TheOmbudsman
10-25 09:13 PM
One more dreamer.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))
As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.
But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.
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maine_gc
08-07 03:50 PM
My EAD ND is June 11th and waiting for the approval.
more...
crystal
07-07 10:10 PM
If nothing works I want #3 :D . I lost 2000$ for this crap .:mad:
rajeshalex
08-26 12:43 PM
Applied in July 10th. Today saw the mail that approval notice has been sent.
more...
factoryman
07-02 12:15 AM
with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.
Apply.
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
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nk2006
10-05 02:45 PM
nk2006,
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
please post contents of that yale article (your link is not working).
Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577
That article is too big, so I avoided copying. I am pasting some sections that discuss about future course below (again the article maily talks about h1b visas and how the lack of number is affecting foreign fresh grads, giving example of Ivy Legue colleges like Yale and Harvard):
Future of the H-1B program:
The H-1B visa issue might be slow to change because it is tied up in the larger debate over immigration reform, Yale-Loehr said.
"A lot of immigration issues are not being solved until the larger issues are solved," he said. "It's like anything in Congress - it takes a long time to pass a major bill that seems controversial."
In the past year, both the House and the Senate passed immigration reform bills, which are still pending in Congress. But the two bodies approached the issue of immigration reform in very different ways.
The House bill - passed last December - focused on the strengthening of border control, while the Senate bill - passed this past May - took a more comprehensive approach to immigration reform.
If enacted, the Senate bill would increase the number of H-1B visas to 115,000 for one year and use "a market-based calculation" to determine the cap for each subsequent year. The bill would also increase the quota by 20 percent if the previous year's quota is reached and would exempt aliens with advanced degrees in science, technology, engineering or math from the H-1B limit.
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
Schuck said he thinks the immigration debate is often more political than practical, and divisions do not necessarily fall along party lines.
"Immigration has strange political alliances," he said. "I would guess that there are a number of Democrats as well as some restrictionist Republicans who have supported the restriction of these visas."
The Bush administration has supported comprehensive immigration reform and increasing avenues for foreign workers to gain employment legally, according to CNN and the Washington Post, respectively.
Alumni differed on how much the H-1B shortage affected their lives. Some students, like Konieczny, said not receiving H-1B status was highly disruptive to their lives and future plans. But others said that while changing their plans was inconvenient, not getting a visa this year will not affect them greatly in the long-term.
"I am doing the same kind of job, just in a different office," Yue Zhou said.
Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.
"Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."
Bicalho said students should be proactive and involved in the application process.
"Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."
more...
myvoice23
09-26 09:49 AM
Can you let us know if they respected your RN july 3rd?
Received date is JUly 3rd on receipts
Received date is JUly 3rd on receipts
hair lip tattoos. lip tattoos.
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
skd
07-10 05:36 PM
Any Rallies near Portland Area ?
hot Hoyt with lip tattoo
gopikrishnayr
09-07 01:13 PM
You will recieve 3 reciept numbers on the nback of your check, one for 485, one for EAD and another for AP
more...
house the tattoo of the lips
sriatm
07-21 04:10 PM
Group of EB3 & EB2 folks should take an appointment with DOS Chief first and then with USCIS's Chief. How can we do this ?We will discuss our concerns or interpretations and changes to work towards to clear backlogs or increase Quotas or Visa Recapture..etc. I am in for any group's concerns though I am in EB3.Category does not matter. India is the hardest hit in EB based Immgiration. Let me know How we can get to the attention of the TOP/Key Persons.
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abracadabra
07-07 02:34 PM
Is it happening today?? There is no media coverage
more...
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ronhira
09-26 07:44 AM
So EB3 indians are idiots?:D
so are we..... everyone in eb2...... we r all the same.....
so are we..... everyone in eb2...... we r all the same.....
dresses My son#39;s friend#39;s tattoo
sidbee
07-28 02:35 PM
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!
Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...
Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?
Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?
After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.
I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?
Peace!
Very Well Said
more...
makeup tattoo of lips. Tattoo Lips
vinnysuru
03-05 05:00 PM
OK gurus need your help with this!
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
Appreciate your efforts in helping all of us. Thanks.
My questions are:
I am in H1B status and plan to keep it. I need to go for Landing in Canada (PR approved). I have pending I-485 with approved AP, and EAD(not using).
1. My passport with old H1B visa is expired. The H1B visa is also expired in may 2007. I have new valid passport(India) with Canada Immigrant Visa and approved I-797 extension for H1B till 2010. Can I safely use automatic visa revalidation to come back after landing considering expired visa in expired passport?
If I decide to go for Stamping:
2. If stamping gets denied or delayed, can I come back in with AP?
3. I may have to file EAD renewal application before I leave. Is it safe to travel outside US after filing for EAD renewal or will the application be considered abandoned. I plan on using H1B stamp or automatic revalidation to come back.
My wife is H4-> F1-> now pending AOS because using EAD(from I-485 pending not OPT).
She will accompany me to canada with pending EAD renewal application:
1. Will her EAD application be abandoned or is there no risk? She will be using AP to come back.
2. Does she need to carry employment verification letter etc. I know for OPT EAD they recommend not to travel while EAD application is pending or carry an offer of employment or verification letter to help re-enter.
3 Does she need to submit all her I-94's when exiting US? I know she will get new one with AP expiry date and Pending AOS stamped at entry.
girlfriend Tattoo; Black and Red,
sixpockets
07-19 10:42 PM
can core use the IV funds to reimburse their personal expenses incurred for IV related efforts?
OH No !!!! But thanks anyway !
If you read the first post , please pledge now. We will instruct on how to pay later.
If you pay now, the funds will be credited to the IV funds. This drive is specifically for reiimbursing the administrative costs incurred by Aman and other IV core team members.
OH No !!!! But thanks anyway !
If you read the first post , please pledge now. We will instruct on how to pay later.
If you pay now, the funds will be credited to the IV funds. This drive is specifically for reiimbursing the administrative costs incurred by Aman and other IV core team members.
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webm
03-28 12:29 PM
Looks like there won't be any movement in May08 VB for EB3-I/ROW based on this article...:(..
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
nosightofgc
11-17 03:12 PM
Done. Also forwarded the message to colleagues.
GCOP
08-28 10:54 AM
I received Renewed EAD Card for 2 years, yesterday on 8/27/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
I-765 Renewal Receipt & Notice Date by TSC: 6/24/08
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