vdlrao
03-29 06:30 PM
I am expecting the Dates for EB2 Inidia and China will move to Dec 2006 in May with 12k Spill over.
So if we get about 30k more for this whole fiscal year, assuming:
From EB1: 10K more
From EB4 and EB5: About 10K
From EB2 ROW: About 10K
Then EB2 I/C will move about 12 months ahead. That means the cutoff date would be around Jan2008 by Aug/Sep 2011. This is the best case scenario.
If we get only 20k more for this whole fiscal year,
Then EB2 I/C will move about 8 to 9 months ahead. That means the cutoff date would be around Jul 2007 by Aug/Sep 2011. This is the worst case scenario.
This is just my estimation/guestimation.
.
So if we get about 30k more for this whole fiscal year, assuming:
From EB1: 10K more
From EB4 and EB5: About 10K
From EB2 ROW: About 10K
Then EB2 I/C will move about 12 months ahead. That means the cutoff date would be around Jan2008 by Aug/Sep 2011. This is the best case scenario.
If we get only 20k more for this whole fiscal year,
Then EB2 I/C will move about 8 to 9 months ahead. That means the cutoff date would be around Jul 2007 by Aug/Sep 2011. This is the worst case scenario.
This is just my estimation/guestimation.
.
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bayarea07
09-15 10:54 AM
bump
rajuram
01-07 09:24 PM
/\/\/\
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seekerofpeace
10-01 03:29 PM
Wow Naushit,
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
SoP
more...
sgsg
01-22 12:04 PM
I tried calling KCC and they denied to provide any information on PIMS.
My H1B was approved in Mar 2007 for 7th year extension. I also had my H1 transfer on May 2005.
My H1B was approved in Mar 2007 for 7th year extension. I also had my H1 transfer on May 2005.
yabadaba
01-08 09:29 AM
example of a personal blurb
Sir, I came to the United States of America 8 years back. I graduated from <xyz> University with a Masters in <XYZ> and started working for <ABC> company where I hold the position of <ABC>. While in many respects I live the American dream of participating in a thriving economy, the dream is still incomplete because I cannot buy a home because the lenders do not consider me as a viable risk considering my Employment Authorization Document is valid for 1 year. According to them I am a risky prospect although I can easily put down 20% of the house value and have a stellar credit rating. This weighs on my mind heavily and many people I know are contemplating moving to other economies of the world to take advantage of a fairer immigration policy. In other circles I am also aware of developing nations trying to lure back their citizens to boost their Research and Development potential.
another one:
Sir, I came to the United States of America 8 years back. I graduated from <xyz> University with a Masters in <XYZ> and started working for <ABC> company where I hold the position of <ABC>. While in many respects I live the American dream of participating in a thriving economy, the dream is still incomplete because under the work visa provisions my wife of <x> years cannot work inspite of having a <MBA> from <XYZ> University. Many people I know are contemplating moving to other economies of the world to take advantage of a fairer immigration policy. In other circles I am also aware of developing nations trying to lure back their citizens to boost their Research and Development potential.
Sir, I came to the United States of America 8 years back. I graduated from <xyz> University with a Masters in <XYZ> and started working for <ABC> company where I hold the position of <ABC>. While in many respects I live the American dream of participating in a thriving economy, the dream is still incomplete because I cannot buy a home because the lenders do not consider me as a viable risk considering my Employment Authorization Document is valid for 1 year. According to them I am a risky prospect although I can easily put down 20% of the house value and have a stellar credit rating. This weighs on my mind heavily and many people I know are contemplating moving to other economies of the world to take advantage of a fairer immigration policy. In other circles I am also aware of developing nations trying to lure back their citizens to boost their Research and Development potential.
another one:
Sir, I came to the United States of America 8 years back. I graduated from <xyz> University with a Masters in <XYZ> and started working for <ABC> company where I hold the position of <ABC>. While in many respects I live the American dream of participating in a thriving economy, the dream is still incomplete because under the work visa provisions my wife of <x> years cannot work inspite of having a <MBA> from <XYZ> University. Many people I know are contemplating moving to other economies of the world to take advantage of a fairer immigration policy. In other circles I am also aware of developing nations trying to lure back their citizens to boost their Research and Development potential.
more...
meridiani.planum
12-06 06:40 PM
I am a multiple filer too, my I-485 application filed in early June was approved last week. I hope this gives some reason for optimism for us multiple filers. Good luck to everyone. BTW: I am still a contributing member and will continue to hang out at IV.
congratulations! So you had the second I-485 still pending when teh first one got approved? Did you get any RFE about it from USCIS or were you asked to withdraw one of the petitions?
congratulations! So you had the second I-485 still pending when teh first one got approved? Did you get any RFE about it from USCIS or were you asked to withdraw one of the petitions?
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senthil1
01-07 11:09 PM
All of those fixes are non controversial and can be acheivable within short time. It does not require months like legistrative fixes
more...
sugaur
09-12 04:53 PM
I too had a LUD on my old H1.
Lets hope for the best
Lets hope for the best
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luckylavs
09-27 04:49 PM
Hi All
Today I received email for me
Your Case Status: Card/ Document Production
On September 25, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
and for my husband it says
Your Case Status: Decision
On September 24, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
I dont understand why his case is in decision when he is the primary .. Has anyone come across similar situation ?
My PD is sep 05 and service center is TSC.
Today I received email for me
Your Case Status: Card/ Document Production
On September 25, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
and for my husband it says
Your Case Status: Decision
On September 24, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
I dont understand why his case is in decision when he is the primary .. Has anyone come across similar situation ?
My PD is sep 05 and service center is TSC.
more...
pareshtyagi
09-24 12:17 PM
J.BARRET:
sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13
Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
R Mickels :
giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD
F HEINAUER:
cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
R.Williams :
Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05
C UHRMACHER :
Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC
Other -
zdong -- 2nd july No check encash/No RN
HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
mashu - 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05
Applications are returned:Incorrect filing fees :
noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC
sanjayb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 08/05
Ashres11 - 2nd July/ 10:28/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN
Sairam - 2nd July/10:28/FedEx/J.Barret/NSC/140 - TSC/No RN - 07/28
InsKrish - 2nd July/10.25/J.Barret/NSC/I-140 approved from TSC/No CC/RN
sudhi - 2nd July/ 10:25/ Fedex/ J.Barrret/ NSC/ NO CC/ NO RN - CHECKS CASHED 09/13
Danu2007 - 2nd July/10:25AM/J. Barret/NSC/140-TSC/NO RN
Triviagal - 2nd July/ 10:25AM/ J. Barret/NSC/140-TSC/NO RN
rkartik78- 2nd july/10:25am/ J.Barret/ I140-TSC/ NO RN NO CC
GCFISH- 2nd july/10:25am/ J.Barret/ I140-TSC/ 485 went to NE/NO RN NOCC
rexjamla- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
kmkanth- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
BU007- 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
veerufs - 2nd july/10:28am/J. BARRET/I140-TSC/NO RN/NO CC
123456mg - 2nd july/10:25am at NSC/J BARRET/I140-Approved from TSC/NO RN/NO CC
aussie731- 2ndJuly/10:25am/J.Barret/ I-140-NSC/ NO RN NO CC
nkavjs - 2nd July/ 10:25am/ Fedex/ J.Barrret/ NSC/ I-140 TSC lud on I-140 8-5-07/ NO CC/ NO RN
jsb - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/27
gc_us - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN 140 LUD - 07/28
srinitls - 2nd July/10:25/FedEx/J.Barret/NSC/NO RN NO CC
realraghu - 2nd July/10:25/FedEx/J.Barret/NSC/140 - TSC/No CC/No RN
R Mickels :
giddu- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
mahendra_t - 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
Satya- 2nd july/9:01am/R Mickels/ I140-TSC/ NO RN NO CC
sapking - 2nd july/9:01am/R Mickels/ I140 pending-TSC/ NO RN NO CC
smshen- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSS/No CC/No RN
gcgoodluck- 2nd July/9:01/Fedex/R Mickels/NSC/140 - TSC/No CC/No RN/No data
dudenj - 2nd july/9:03am/R.Mickels/I140-NSC/NO RN/NO CC/NO EAD
F HEINAUER:
cadude- 2nd July/11.11am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
helpme1234-2nd July/11.14am/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
cowboy-2nd July/12.34 pm/F HEINAUER/NSC/1-40 TSC/NO RN NO CC
R.Williams :
Jignesh - 2nd July/7:55am/ R.Williams /I140 -NCS/ NO RN NO CC, NO DATA IN SYSTEM
doshhar-2nd July/2:02PM/ R.Williams /I140 -TCS/ NO RN NO CC - I-140 LUD 08/05
C UHRMACHER :
Bayboy -2nd July/8.oam/C UHRMACHER/I140-TSC/NO RN NO CC
nk2007-2nd July/8.26am/C UHRMACHER/I140-TSC/NO RN NO CC
Other -
zdong -- 2nd july No check encash/No RN
HNaik-2nd July/10:04am/ Armstrong/I140 -TCS/ NO RN NO CC
mashu - 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC
abhis0 -- 2nd july/11:34am/Gerkenmeyer/I140 TSC/ No RN No CC 140 LUD - 08/05
Applications are returned:Incorrect filing fees :
noendinsight- 2nd July/NSC/1-40 Approved NSC/NO RN NO CC
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anilsal
01-25 09:37 AM
It was on Dec 2005 . Luftansa . Chennai - Frankfurt- Dallas . I was waiting for my boarding pass . I handed over my e ticket to the lady at the counter. Instead of issuing the boarding pass , she asked me about my H1B papers. I got confused . Why should I show my papers to this lady ? . Since it was my very first trip to US , I meekly showed her my papers.After that she had issued the boarding pass.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
the airlines want to make sure that you have h1b stamp on ur passport. They always do.
Friends, you may think I am very meek.This was not my first overseas trip. I had visited Japan previously. I didn't want to have fight with her and start my journey in bitter taste from the beginning.
Don't think only Non-Indians treat Indians shabbily. Our enemy is within.
If I happened to see that lady once again in Chennai -------
the airlines want to make sure that you have h1b stamp on ur passport. They always do.
more...
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purplehazea
05-09 11:56 AM
Diana,
It makes sense to file concurrently only when PD is current. Otherwise it is like applying for your citizenship before getting your GC!
In other words I do not understand why your lawyer wants you to file concurrently when your PD is not current. Just to collect his fees? Maybe. He is at least right aboout the fact that USCIS will do nothing with your I485 application unless your PD is current. So I would just wait till your PD is current. You can still file for your I140 and wait for that to get processed.
Regards,
PH
I am not an attorney, so you will appreciate that any reliance is at your will.
It makes sense to file concurrently only when PD is current. Otherwise it is like applying for your citizenship before getting your GC!
In other words I do not understand why your lawyer wants you to file concurrently when your PD is not current. Just to collect his fees? Maybe. He is at least right aboout the fact that USCIS will do nothing with your I485 application unless your PD is current. So I would just wait till your PD is current. You can still file for your I140 and wait for that to get processed.
Regards,
PH
I am not an attorney, so you will appreciate that any reliance is at your will.
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makemygc
01-24 10:36 PM
Why don't you use direct flights to India. There is Continental from NY & American from Chicago to Delhi everyday. If you directly book from their websites, the prices are quite reasonable. At least American I know also serves Asian Vegetarian (meant for Indian veggies) food.
Well the problem is there are very few airlines flying direct and everyone is going for it. You cannot get those tickets and even if you will, it will be expensive. I just recently gone through this pain.
Well the problem is there are very few airlines flying direct and everyone is going for it. You cannot get those tickets and even if you will, it will be expensive. I just recently gone through this pain.
more...
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gpawar
01-15 01:03 AM
Hi,
I'd posted a note earlier. I haven't received any updates yet. I am in contact with 4 other people who interviewed on 4th Jan and are still awaiting a reply. The kentucky number mentioned in one of the replys confirms the date on which our H1 was approved. When you call up the number, on mentioning your case #, it pulls up the date on which H1b was approved.
Could anyone who's received a email/ call please post a message to the group, indicating the wait time and date of the first interview?
Thanks!
I'd posted a note earlier. I haven't received any updates yet. I am in contact with 4 other people who interviewed on 4th Jan and are still awaiting a reply. The kentucky number mentioned in one of the replys confirms the date on which our H1 was approved. When you call up the number, on mentioning your case #, it pulls up the date on which H1b was approved.
Could anyone who's received a email/ call please post a message to the group, indicating the wait time and date of the first interview?
Thanks!
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sumagiri
09-23 07:25 PM
I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
more...
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gc_wow
09-24 08:36 PM
Any body know why there are 3341 cases in March 2005 in EB2 I category, is this about the time PERM came?With out quarterly spill over bulletin is going to get stuck in March 2005 till the end of the USCIS financial year.
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visves
06-21 09:09 AM
This is the reply from Attorney Murthy on a question asked on Murthy chat about filing two employment based I-485's for the same beneficiary (not the husband/wife situation).
"Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."
If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.
"Generally it is safer not to file 2 separate 485s since it can confuse USCIS since they may assign two separate Alien or A numbers to the same person. This could end up delaying the person's I-485 approval down the road or create a security delay in many cases with multiple I-485s generally we recommend one case to be filed as an AOS and the other for CP if possible."
If you have other answers from lawyers, you can post them. Make sure to post the lawyer's name. Do not post your opinion. Post legal advice given to you by your lawyer, with the lawyer's name. This will help members get accurate advice and not opinions.
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seekerofpeace
10-01 10:41 PM
Don't know what more drama has USCIS has up its sleeves.
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
You better contact your congressman and senator and get it sorted out....
It is absolutely nonsense that you are approved and then not...same can be true for many of us.....attach a copy of the visa bulletin in your mail....IO can;t just say visas retrogressed they need to show the proper paperwork ...
SoP
unseenguy
06-15 06:49 PM
The competitive angle did occur to me. There is no reason a business should not look for ways to cut costs. However, this is a question of fairness & legitimacy. A L1 visa person living in a low cost country and coming here temporarily on short-term assignments can make do with lower wages because he likely does not have to support a family here at the US cost of living, and L1 spouses can work. This is not fair to a H1 with same skills whose H4 spouse cannot work, and for the same reasons it is not fair to USC/GC folks. Isn't that why we currently have all this labor certification processes and DOL laws? Those laws are designed to level the playing field. It is not easy for the company to outsource entirely, so they break the law by abusing the visa. Why should we not act to stop this illegitimate corporate action?
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,
can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.
If that does not sound reasonable, let me ask you this: Why should USCIS and law-makers even consider taking steps to address green-card backlogs, adding resources to process more cases more quickly when they can just sit there and collect fees from you for visa / EAD renewals?
Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,
can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.
alisa
04-17 07:36 PM
I think this must be publicised somehow.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
Firstly, it would be tragic if the employers are alegally llowed to discriminate against AOS applicant with EAD cards. Hopefully, it is not allowed under the law.
And in that case, it should be publicised and brought up that it is illegal.
I disagree with your conclusion. The employer has the right to prefer US Citizens over another individual only if the two individuals are equally qualified. For the cases mentioned in this thread, employers have flatly refused to consider anybody on EAD. So the clause of preference to US citizens does not apply.
If you read up on section 1160 (a) or 1255a (a)(1) you will find that it includes people who have filed for AOS. It is my understanding that an EB immigrant with AOS pending is included in the "alien lawfully admitted for temporary residence under section 1160 (a) or 1255a (a)(1)" category. I am not a lawyer and could be wrong but this is my interpretation. If you are on H-1B, this does not apply. But if you have EAD and AOS pending this should apply. There is no way for an employer to distinguish between an EB immigrant with EAD and AOS pending v/s a FB immigrant with EAD and AOS pending.
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