tw00ne
07-23 10:35 AM
Is unclear to me what the law is for those 2 cases
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
1) You are with the employer that sponsored I140 and you get GC.
2) You use AC21 and move to employer B and get you GC while at employer B.
In both cases more than 6 months have lapsed since the I485 filling
And the question is...:
Are you free, after getting the GC, to move to another company or you need to stay with current employer for a certain amount of time?
How would USCIS know if you moved?
wallpaper Brad Paisley
amitga
02-13 10:28 AM
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
reedandbamboo
09-17 11:48 AM
I am one of those who filed on March 28, 2005 under the older labor cert process and then converted and was approved under PERM later that year.
I know that many applied on March 05 just the week before Perm was going to start through the normal process and not RIR. I remember there was a way that they could abandon that application and apply thorugh the PERM process but keep their date. I know a friend of mine who did it. All these numbers suggested above makes sense only after we pass March 05.
I know that many applied on March 05 just the week before Perm was going to start through the normal process and not RIR. I remember there was a way that they could abandon that application and apply thorugh the PERM process but keep their date. I know a friend of mine who did it. All these numbers suggested above makes sense only after we pass March 05.
2011 by Brad Paisley, album
PavanV
09-04 01:04 PM
I am having a gala time reading the threads, thanks for the free entertainment folks :D, please keep going.
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new_horizon
03-27 02:08 PM
I cannot think of any one good leader left in india. not one who can rise above self-interest and narrow mentality. Can you imagine any one of the so called leaders that was mentioned in this list leading the nation, and not be a laughing stock? remember deva gowda at davos...made a mockery of India there. Mayawati/modi, etc. what kind of leadership qualities (international affairs/finance/etc) do they have? the only kind of experience they have is gundaism, and creating conflicts with caste, culture and religion.
I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.
I wish most of the current class of leaders were erased, and a new class of leaders were brought in. Sadly that'll never happen with the kind of democratic setup we have. in the name of representation, we are debarring intellects, and people with broad vision from joining politics.

unseenguy
01-09 02:44 PM
Hello Gurus,
My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.
Please let me know your thoughts on movement to Aug 2006 before Sept 2011.
Thanks.
Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.
My priority date is Aug 11 , 2006(EB2) and my 6 year H1B ends Sept 2011. Is there any chance the priority dates will move to Aug 2006 levels in FY2010? Or in FY2011? I am really worried because these days people are getting rejections for H1 renewals. When my time comes for renewal I want to have the EAD as a backup in case H1 renewal gets rejected.
Please let me know your thoughts on movement to Aug 2006 before Sept 2011.
Thanks.
Why are you so worried? Dont be scared, make enough money and dont make silly financial decision. You can take your kitty back if push comes to shove. Economies in India and China are booming and you wont die hungry. I guarantee you that.
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gc_lover
06-27 07:55 AM
Visa bulletin is based on the demand for visas. An immigrant vise is ISSUED when a GC is approved, and not filed. When a person receives an I485 approval letter that means his immigrant visa was assigned to him and that an immigrant visa number was used. Same applies to consular processing. The bottom line is that unless USCIS approves a huge amount of GCs in the coming months, the DOS can't and won't make adjustments in the middle of the month. STOP THIS RUMOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
There was a thread by logiclife about this rumor and his discussion with his lawyer.
There is no point in explaining the same point over and over again. People are just creating new rumors in new threads without trying to read old threads.
There was a thread by logiclife about this rumor and his discussion with his lawyer.
2010 Brad Paisley photo courtesy of
aka
12-13 11:50 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.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
Leaving the question of fairness aside, under the current legal framework my guess is we do not have a case.
This is a very interesting angle... even though on the surface it looks like we have a choice in taking that promotion and losing our place in queue, it is not really a choice. Do this a couple of times and your six years on H1-B expire, you basically have to leave your job and go back to your country. So taking a promotion is eventually a dead end. I think by extension, we can legally argue that this per-country based quota system is really (inadvertently) leading to discrimination in our employment based on nationality (which is unconstitutional).
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user1205
02-15 06:31 PM
probably true but because most of them are on H4 which means someone else in their family is H1.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
hair 5th Gear - Brad Paisley
rb_248
08-15 09:21 AM
All this seems like racial profiling to me. Albeit, such episodes are coming down after Obama took office......in my opinion.
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smisachu
06-16 03:22 PM
Dear fellow. There are various types of population segregation. If you set a high bench mark then only those capable of achieving it will come in. But in the US immigration system, the bench mark is set low and after gathering the population they are just making the flow a trickle. This is like collecting dirty water in a barrel and turning the tap to a trickle to filter impurities. If you want to filter impurities put a filter before the water enters the barrel.
That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):
EB1- Only PhD�s period.
EB2A- People with Masters from US universities (STEM+MBA)
EB2B- people with Masters from other countries (STEM+MBA)
EB3A- People with Bachelors in STEM
EB3B- People with Bachelors (Others), and so on.
Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.
Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).
By the way I don�t think that they are trying to filter at all. They have just screwed up.
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
That is not the way to filter. If they need a stricter way to filter they should mandate that (this is just a hypothetical suggestion):
EB1- Only PhD�s period.
EB2A- People with Masters from US universities (STEM+MBA)
EB2B- people with Masters from other countries (STEM+MBA)
EB3A- People with Bachelors in STEM
EB3B- People with Bachelors (Others), and so on.
Mind you I am not professing that a masters from a US university is any better than one from say an Indian university. I have studied both places and I will tell you that the level of education in India is so much superior to what we get in US.
Right now you have IT guys going in to EB1 claiming to be multinational executives and getting GC. While people with Masters from US universities are waiting in EB2. Since the USCIS screwed up from the get go, the least they can do is to do a visa re capture so that visas that were mandated for EB immigration but were wasted are rightfully used for us. At least this way they will let in some good stuff . Some of the bad stuff will creep in but it is a casualty of war (or stupidity in this case).
By the way I don�t think that they are trying to filter at all. They have just screwed up.
I hope that you are more qualified than I am and I am not going to waste your time or my time contesting it. However, you could be a little more humble. I would also like to point out that your high qualifications may be failing you in your critical and deductive reasoning. Refer to the highlighted portion of your quote. If I may reason on an analogous note, you are saying that the current IIT JEE examination lets in a few people who aren't qualified. So by making the examination more tougher, it has more chances of letting in unqualified people. Needless to say, I am stumped.
hot Album: 5th Gear
dilipcr
06-11 10:08 PM
Dilip,i read your old post from 2003, indeed a roller coaster ride...remember good KARMA, you had tons of it man!!
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
I am not a strong believer in Karma as Karma is something whose existence is determined based on the aftermath of success we achieve in our trials and tribulations. I hope that you people appreciate my opinion that geniuine people need not worry abt GC timelines. It will happen. I dont believe in the policy of these L1s getting GCs because most of them, if not all, do not fall under the superior skillsets category. In addition, they unabashedly jump the queue in terms of GC, flout rules and end up lowering the wages of the existing people. This was also the case back then in 2001.
Back then there was a misplaced sense of security amongst these people working for these outsourcing companies that lower salaries meant guaranteed job security. Most of them never had the confidence in their own skills to venture out on their own. They preferred the tutelage and security of their firms. Their skillsets were run of the mill and so they continued diluting the IT wages. It is the same scenario repeating today wherein these type of guys are under the L1 visa. An insignificant minority among these may be talented but it is not worth the time spending to identify these cases. In my opinion, there is no need to feel sympathetic towards the people from these companies. I may seem to sound harsh here but if you think through my opinions you would realize that my opinions are in the best interests of preventing wage destruction for those working directly for companies n a H1B.
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gc_kaavaali
01-22 02:01 PM
I pity people who have coming to USA is foremost objective. In my case, i came to USA 7 years ago. Atleast i earned few bucks. But people who are dreaming about USA and taking education loans with the intention to payoff once they land in USA. It also includes people coming here on F1 with intention to work here. I feel really sorry!!!
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sumitpendharkar
06-28 06:08 PM
Visa Bulletin April 2007
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
PD for Other workers category was 01 Oct 2001
E. VISA AVAILABILITY DURING THE COMING MONTHS
Employment-based: It is likely that the Employment Third Preference �Other Worker� (EW) category will become unavailable beginning in May.
Both of these issues are the direct result of low annual limits and very heavy demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services Offices.
Visa Bulletin for May 2007
PD for Other workers category was U (unavailable)
E. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY BECOMES �UNAVAILABLE� FOR MAY
The Employment Third Preference �Other Worker� category is expected to reach the annual numerical limit during April. As a result, the category will become �Unavailable� beginning in May and will remain so for the remainder of FY-2007.
Visa Bulletin for June 2007
PD for Other workers category was 01 Oct 2001
D. EMPLOYMENT THIRD PREFERENCE �OTHER WORKER� CATEGORY FOR JUNE
A few �Other Worker� numbers which had been allocated for April were returned unused at the end of the month. As a result, a very small June allocation has been possible, for applicants with priority dates before October 1, 2001. The category will become �Unavailable� once again beginning in July and will remain so for the remainder of FY-2007.
So the VB does in fact indicate that there is only a "small June allocation" possible.
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tammman
09-23 09:18 PM
I think its worth giving it a short, I support this.
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TeddyKoochu
01-15 03:01 PM
I thought the same way as you did too. I am no fan of these job shop companies but remember some one will pay the price and face hardships I hope its just those companies not the employees. But the way things are if this gets effective employees can also get into a limbo - which I dont like - like say someone has gone for visa stamping and that gets denied or worst his/her family is still in the US - or something like that. Its true that the employee should try and look for a new job opportunity meeting new regulations but its not easy as it sounds.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
More important point to consider is that new rules/regulations the way I understand it were suddenly implemented mid-stream - you cant do that. What if in after some time they apply same regulations to say people on EAD and using AC21 (i am still not clear whether it already applies to EAD we will have to wait for legal experts to comment) ? Or worse yet they come up with new regulations for people who already have their GC's approved ?
cinqsit
In Para 1, I think you have answered your own dilemma. With due respect and regard to all nobody is a fan of consulting companies except for maybe themselves, but many good and well qualified people work for them for various reasons as some of the posters have summarized most important one being the Green card. The current memo is almost like a notice to gradually shut shop for them, it impacts not only the company but the employee and his / her family. If somebody has to return because of a re-definition of "Employer/Employee" then it�s a really bad thing to happen, in this case the ship will sink with all on board.
In Para 2, I believe again you are right, low hanging fruits and easy soft targets are the first to be picked up. I think more enforcement would follow, I think it started with issuing RFE's for end client letters(This is a mandatory requirement now for consulting companies). You are correct in saying that the target audience might be the next level!
The entire memo is disastrous for the entire immigrant community waiting for GC. Worst of are the people who have to file their extensions soon or have to travel.
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akottai
07-22 02:10 PM
When we moved from MN to NJ, we were so happy to find so many Indians around. In an Indian store I found a fellow native and I introduced myself. We were so happy that we found a good neighbor whom we can befriend. I gave them my number and got their number back. I never got any response from them whenever I called - ever. Later, I found the menace of Amway in these parts of world(among desis). I was so ashamed just by knowing that they mistook us for Amway people.
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
I have been approached by many in Walmart, Macy's and other stores with questions like "are your from Mumbai?", "I have seen your somewhere"... types...
At one point of time, it became very difficult to distinguish between a genuine smile and the e-commerce business smile! I can now understand why they never attended my calls! :)
Anyways, I moved to NC - and no more Amways in this part. Not until now!
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chanduv23
02-14 03:05 PM
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
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PlainSpeak
01-13 12:43 PM
Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.
MC
If wishes were wings, pigs would fly
MC
If wishes were wings, pigs would fly
poorslumdog
05-03 01:23 AM
:D:D:D
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
This reminds me a hilarious movie Burn After Reading!
I am almost rolling on the floor here...
Should I say who supports Prabhakaran here are LTTE or LTTE sponsored ? I don't think so:D:D
You are the only one talking about LTTE or prabaharan. No one cares. Others are talking about civilian..do u know the meaning for that.
acecupid
08-16 11:29 AM
simply racial profiling.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
i dont think SRK is over reacting.. many desis who are accepting that its a way of life suffer from "Slave Mentality".
When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?
To all the jocks who argue "its part of life"..my advise grow some balls and realize one thing.. no matter how long u live here.. no matter whether u have GC or PC...u will always be treated like third class citizens.
In the end its the color.. do you know beta.
for the record.i am no SRK fan.
Mamooty.. who is he?
This is racial profiling no doubt, but for good reason after what happened on 9/11. This is an unfortunate aftermath of 9/11 and IMHO a welcome one. If it wasnt for this kind of security we would have had many more 9/11ish incidents. I am glad this is a "part of life" now, otherwise I am not have a life. When you ask "When was the last time.. a US diplomat or US socialite was frisked and detained for 2 hrs in indian airports?", that is a big problem with the state of security in India. Not just US diplomat or US socialite even our own Indian ministers and celebrities dont get frisked or detained. You feel that is right when you hear about so many scandals of the underworld-bollywood nexus or politician-mafia nexus ? Forget about the nexus, its not right even if there was no connection with mafia. Rules should apply the same to everyone.
The balls you need to grow should be to ask politicians and celebrities to go through security like everyone else back home in India.
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