samay
07-28 04:25 PM
question for lawyer.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
please find my details and dates as per below. my questions are as below.
thank you
First H1b approval Date:08/28/2001
First H1b Stamp: 12/04/2001
first H1 transfer:notice date: 05/16/2002
first H1 Transfer approval date:09/25/2002
second H1 Transfer Notice Date:03/20/2004
Second H1 Transfer Approval Date: 09/10/2004
First Permanant Labor Apply date: 02/28/2005
H1 Extention on second H1 transfer:04/01/2007 to 03/31/2010
Filled I-140 in March 2005 after Labor approval from backlog centre.
filled I-485 in July 2007.
Got RFE on Ability to Pay in sep 2007
Filled Motion to reopen which got denied.
Another Company filled Labor in March 2008.
Labor got approved in May 2008.
Filling I-140 in primium ?????
question:
H1 expiring in March 2010. will my H1b get extended based on the new Labor even if the labor was filled after the six years limit?
do you think filling I-140 in primium will help in this situation?
Does the out come of I-140 affect any other new application from another or same employer?
Your case is a bit complicated and to answer your question I will have to look at your papers and the reason why your motion to reopen was denied. If you want a consult with me please take an appointment by going through Pappu. Thanks.
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_TrueFacts
09-04 02:29 PM
YSR is dengerous than SWINE FLUE...shame on YSR's Son.
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
Over 100 die after YSR's death..
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4970708.cms#top1)
See what posters in Times of India say
Raj,Uk,says:With all due respect to YSR but his followers are not leaving any stone unturned in capitalising his death it seems like a race to make him most popular leader. If the number of deaths due to shock to be considered as the measure of popularity then YSR becomes far more famous then Mahatma Gandhi, Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi et al. This is a wrong precedence we are setting by publishing the unconfirmed news, just think what will happen post mayawati/lalu and other so called popular leaders.
Ek,BLR,says:60 people dying is a joke..bigger joke is people dying of cardiac arrest...I have never heard of anyone having a cardiac arrest at their mother, father,wife or for that matter their Child's death.......These people attribute any death happening on these days to YSR's death..I am not denying there are some fools who are capable of committing suicides though!!!
thomachan72
03-27 03:16 PM
Even now I cannot understand how this happened:
Lalu P Yadav is taken to jail on some corruption charges and while going he asks his wife who was baking chapathis in a tandoori to sit on the CM chair till he gets back. WOW!! man... that is what is called real democracy.
Lalu P Yadav is taken to jail on some corruption charges and while going he asks his wife who was baking chapathis in a tandoori to sit on the CM chair till he gets back. WOW!! man... that is what is called real democracy.
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ita
03-30 11:02 PM
Kancha Ilaya(Sonia appointed ) is being allowed by the Indian Government to lobby with the UN and US Congress so that caste discrimination in India is taken-up by these bodies. (Indians on their own have come a long way in reducing these caste discrimination but alas these people won't want that dying)It shouldn't be any surprise if we see bunch of International articles on India's disgusting caste issues soon.
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
Personally I like both Sonia and Rahul, can't doubt their intension of making India better
Rahul Gandhi/Govt of India invites British politician to Amethi on poverty tourism.Putting it in their own words they were trying to show this foreign minister real India (meaning 'sinking India not shining India' or may be they were trying to tell this British guy look we have managed to keep the country at the same state you left it , if anything we took it to another low level).Amethi has been a constituency represented by that family for generations in Priyanka's words. Forget about country they didn't do much good to their own constituency .
This British guy before he left the country said that Mumbai attacks could have happened because India didn't hand over Kashmir to Pak.He also gave a free although unasked advice ,if such future attacks are not to happen India should reconsider it's stance on Kashmir.
British media was surprised to see that Rahul Gandhi touted as future PM by the party and Indian media with equal excitement didn't want to comment on foreign affairs.Mumbai issue or anything else.
Now every country has it's share of problems..be it poverty or something else.Can you imagine U.S politician inviting French/German politician to view America's worst and media giving it huge coverage?Just imagine what would happen then.
Personally I like both Sonia and Rahul, can't doubt their intension of making India better
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grupak
12-13 11:25 AM
Discrimination in employment based on nationality is not allowed. However, can we extend the argument to the employment based immigration? We can always choose to take that promotion though we will lose our place in the queue.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
meridiani.planum
07-30 06:31 AM
http://www.immigration-information.com/forums/showthread.php?t=5766
posted 07-24 09:59 AM
Ron Gotcher has some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Ron Gotcher
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
posted 07-24 09:59 AM
Ron Gotcher has some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Ron Gotcher
this makes no sense (with all due respect to Mr Gotcher). He basically claims that PD has been moved to allow CP cases to be processed faster to avoid visa number wastage.. However he also says that there is a huge backlog of AOS cases. Looking at how many CP cases are being called for interview in mumbai and delhi (low hundreds) I dont see how CP alone can help avoid a big wastage of visas. If USCIS is still 20k short, then its the massive pile of AOS cases they should be using, just like they did last year.
Also, if they waste visa numbers this year, it would be really gross incompetence. EB2-India has gone all the way from 2000 to 2006 this year. They slack off at the start of the year, then scramble in the end. I dont know why they follow this approach knowing full well that right at the end it puts them in a soup.
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desi3933
07-13 11:19 AM
I know people who got their GC in 7 months from the date they filed PERM. and then there are many people getting GCs every month. There are both good stories and bad stories to tell about getting GC in US.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
There were times when H1 quota never reached the limit during the whole fiscal year, now they get used in just 2 days. This mess in GC process is a result mainly due to our own actions (temporary workers and consulting companies hiring temporary workers). Do you think majority of us once we get GC, stay with the consulting company that filed for our GC? When a consulting company files for PERM, they already have a foreign national working under H-1B in that position. So where is the real intent to hire an American when some foreigner is already working at that position?
This employment based GC is a way for us foreigners to immigrate to US easily at one point. Now due to our extreme usage and abuse of this process, there are genuine people who are being sponsored to immigrate to US are also suffering. In a true employment GC scenario, the company should be desperate to keep you for a long time (more than 6 years after H-1B is maxed) for your valuable skills that they were unable to find in others. But in most GC cases, looks like we temporary workers are more desperate than our employers for the GC? aren't we? Do you see any companies sweating on how to retain you with them, because you H-1B is expiring and they have no way to keep you?
Do not put all the blame on US immigration system, the majority of the blame should fall on us and the companies who are helping us to get GCs when our cases are not based on genuine sponsors.
Just speak for yourself, Mr. Hathi Ghora.
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tonyHK12
01-14 09:02 AM
PlainSpeak has a new sock puppet account called actaccord who has no choice but to support him/her. how many more accounts did gcperm create who don't donate ot participate?
Guys lets not waste our time on manipulative salespeople.
In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
plainspeak is just trying to keep negative threads alive and incite more in-fighting.
Guys lets not waste our time on manipulative salespeople.
In cases like PlainSpeak we need a background check for free members posting more than 10 messages a day, not only charge them.
I agree this member has been inciting people to start fighting with him/her and into arguments, and playing a emotional manipulative card by pretending to be a woman. did you take acting classes at a dollar store, its so fake and cheap?
plainspeak is just trying to keep negative threads alive and incite more in-fighting.
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GCard_Dream
03-20 12:10 PM
Don't even bother. I have tried arguing the same thing over and over again yet some people never seem to get it and keep comparing Canada and US. The reason people are even talking about Canada is because there is almost no hope for GC in US and people keep on saying US is better. It is but what good will it do to you if you can't stay here and enjoy the so called better opportunity in US.
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
What makes you think we will not file Canadian taxes ? Ofcourse we will file taxes.
No one is forcing anyonme to apply or move to Canada. Also why compare US and Canada . We are going there because US is not giving GC and we dont want to live in turmoil for years.
Compare US and Canada only when both options are open for you.
I will repeat an analogy I had given earlier to describe Canada/USA compare.
Say you are a pure vegeterian. You go to a restauraunt where you have 2 choices masala dosa and mutton biryani. Lets say the mutton biryani is supposed to be specilaity of that place and is awesome but still the poor veg guy has to choose masals dosa because he has no other choice. Telling him the mutton biryani is excellent is pointless correct !
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tikka
07-04 08:55 AM
Dugg the links, posted to the board. What other action items do we have?
some more items we all can work on
http://immigrationvoice.org/forum/showthread.php?t=5989
also mail the reporters listed on this thread
DIGGING is simple we have to encourage more members to DIGG> this will keep our stories as most popular
some more items we all can work on
http://immigrationvoice.org/forum/showthread.php?t=5989
also mail the reporters listed on this thread
DIGGING is simple we have to encourage more members to DIGG> this will keep our stories as most popular
more...
felix31
10-10 10:21 AM
i would say ban works for everyone - regardless of the citizenship
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jaane_bhi_do_yaaro
08-18 04:43 PM
Could not have said it better. Atleast we who have been fortunate to see "outside world" have to consider these actors/actresses as ordinary human beings. I would rather say that it is good that this guy was held up for 2 hours. He mentioned that he was taken into a room where several other asians were also present waiting for help. I really hope the guy realizes that not everybody in the world knows him. If on the other hand he had invested his money in creating a sharukh's village for the orphans or done some other huge charity work (not just for income tax evasion) I would have felt sad but even then not terrible as many feel now.
LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.
I agree that it can happen to anybody. It happened to VDL Rao too!!!
He was questioned for his accurate predictions at LAX and NY Airport every time he landed.
But great thing is VDL Rao did not make any publicity out of that. He remained quiet as he is on this forum.
Jai Ho VDL Rao!
LESSON THAT WE LEARNT:: EVERYONE GETS TO BE EQUAL SOMEWHERE ALONG THE LINE....
Dont be too much awed by these artists. They rake in millions but give back VERY VERY LITTLE. So why would be even thinking about them more than the average business person????..
PS:- Dont misunderstand this as a statement arising out of jealosy or insecurity but it is JUST THE REALITY WHICH HOPEFULLY WE WILL ALL REALIZE ONE DAY.
I agree that it can happen to anybody. It happened to VDL Rao too!!!
He was questioned for his accurate predictions at LAX and NY Airport every time he landed.
But great thing is VDL Rao did not make any publicity out of that. He remained quiet as he is on this forum.
Jai Ho VDL Rao!
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iv_only_hope
02-13 10:31 AM
You are right chanduv. If ppl are not even participating in letter campaign itself what to expect abt all this lawsuit stuff.
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srikondoji
06-27 04:22 PM
nope. Columbus is illegal alien. He should be deported posthumously.:eek:
Last one was good one from arihant.
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
Last one was good one from arihant.
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
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sainwa
08-17 01:32 PM
has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"?
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
See the things behind. he made fool of every body , CNN, media, US Immigration, you and me and got a publicity which he could have not gotten by spending millions of dollars in marketing the films.
and guess what? this was for free and he is in headlines in national news paper.
I think he wanted this to happen to get publicity for this upcoming film, now see after this incedent you, me and all of us know about this forthcoming film and will be eager to watch it.
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lazycis
02-15 11:52 AM
Thanks for an excellent research and arguments. Some of the arguments are well presented.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
Well, if you are not ready to lead and we do not have anyone else to lead then whats the point of forming the yahoo group? Please don't get me wrong, I am just trying to find out the objective of this yahoo group.
The purpose was to jump start and find somebody who is willing to help himself/herself. If there is no such person out of 100+ who voted "yes", there is no point in further discussion. I have enough on my plate (I am still helping a number of people fighting in district an appellate courts). Also I think it's easier to discuss it via yahoo group.
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nk2006
10-03 11:41 AM
Hello Friends and my fellow GC awaiters..
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
Is it worth taking the risk and go with the labor substitution?
The second question/advice I'd like from you is:
If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
1MoreDesi !
First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.
I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.
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jonty_11
06-28 12:34 PM
Another rumour is that this rumour abt mid month retro is being spread by lawyers..so that self-filers rush to file and make obvious mistakes and have to hire services of immi lawyers second time around.....!!!
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gc28262
01-16 01:51 PM
victimOfGc,
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.
By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.
Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.
Please do one of the following google searches to understand more
1. H1B + sanders
2. H1B + grassley
3. H1B + durbin
Let wisdom prevail.
andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
krishna.ahd
02-18 08:57 PM
Don't shoot the messenger.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
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.
I will give you example which involves immigration
Nurses / Physical therapist and in near future Teachers
Because of bad planning in the past or say no encouragement of these skill now there is Schedule A to import them and hand over the green card.
A couple of studies came to mind recently that don't involve immigration.
In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.
In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.
---------------------------------------------------------------------
.
I will give you example which involves immigration
Nurses / Physical therapist and in near future Teachers
Because of bad planning in the past or say no encouragement of these skill now there is Schedule A to import them and hand over the green card.
