eb3retro
10-29 02:32 PM
So, you are saying that you are irreplaceable? Dare to post your skillset? I bet I can find atleast 10 americans (resumes or candidates who are looking for a job) in 10 minutes time in your skill set. Wanna give it a shot?
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
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sanan
07-12 12:12 PM
How silly this congressman is - see the second half
http://www.youtube.com/watch?v=cspG7EmDPWY
http://www.youtube.com/watch?v=cspG7EmDPWY
Nikith77
06-01 10:23 AM
Done
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guy03062
04-12 12:19 PM
I totally agree with bkarnik.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!
So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
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vasa
07-16 11:41 PM
well then you will always rely on your experience and skills, there is a reason skills are categorized as junior staff and senior admins/developers/mgrs etc.
if u got the skills there's not stopping any one.:)
if u got the skills there's not stopping any one.:)
sapota
12-27 05:06 PM
We think about outsourcing because it affects engineers the most. especially IT/software. Remember software is still a tool. What you do with the software is more important. The process of creating software is just like making any other tool (every problem is hard to solve only for the first time).
Western countries started the industrial revolution (manufacturing/factories). Now China is leading in manufacturing. IT revolution, again was started in the west. In 20 years, it is possible that very few lines of original software is written in the US. Its not that US does not have smart people who cannot be trained as engineers but more like the smart people in US prefer other occupations as compared to engineering/software.
I imagine the computer/internet revolution to be similar to the air travel revolution. Both made the world a smaller place. A few decades ago, being a pilot was a glamorous, high paying job. While pilots may still be reasonably paid, they are now perceived just like taxi drivers (with all due respect to both professions). What is to say how IT engineers are perceived as in a few decades from now. 13 years ago, a maths professor who taught us a class said "Before the computer was invented, we had a profession called typists; now they are called computer scientists".
US education system : A few months ago, there was an article that debunked the myth that 'US education is falling behind other countries'. The US education system may be a little pressured (especially in places with more population - but certainly not falling behind other countries. Just count the number of colleges in the US.
I am not just being brouhaha about the US. But just putting things in a different perspective.
H1B, GC, legal immigration are just sub audible noise in the overall scheme of things. Yes. it affects us a great deal because we cannot live unfettered lives.
On the other hand, India & China ( & Brazil/latin america & Russia) are starting to rise back (yes, each country had its own golden past - remember Columbus was trying to find a route to India when he discovered America. Marco Polo is still remembered for discovering the silk route to China....) These countries got left out of the renaissance, industrial revolution developments that gave western europe and north america an edge over the 3rd world countries.
Growth in the above mentioned countries will result in increased demand for goods and services that will benefit the overall global economy.
IMO
Western countries started the industrial revolution (manufacturing/factories). Now China is leading in manufacturing. IT revolution, again was started in the west. In 20 years, it is possible that very few lines of original software is written in the US. Its not that US does not have smart people who cannot be trained as engineers but more like the smart people in US prefer other occupations as compared to engineering/software.
I imagine the computer/internet revolution to be similar to the air travel revolution. Both made the world a smaller place. A few decades ago, being a pilot was a glamorous, high paying job. While pilots may still be reasonably paid, they are now perceived just like taxi drivers (with all due respect to both professions). What is to say how IT engineers are perceived as in a few decades from now. 13 years ago, a maths professor who taught us a class said "Before the computer was invented, we had a profession called typists; now they are called computer scientists".
US education system : A few months ago, there was an article that debunked the myth that 'US education is falling behind other countries'. The US education system may be a little pressured (especially in places with more population - but certainly not falling behind other countries. Just count the number of colleges in the US.
I am not just being brouhaha about the US. But just putting things in a different perspective.
H1B, GC, legal immigration are just sub audible noise in the overall scheme of things. Yes. it affects us a great deal because we cannot live unfettered lives.
On the other hand, India & China ( & Brazil/latin america & Russia) are starting to rise back (yes, each country had its own golden past - remember Columbus was trying to find a route to India when he discovered America. Marco Polo is still remembered for discovering the silk route to China....) These countries got left out of the renaissance, industrial revolution developments that gave western europe and north america an edge over the 3rd world countries.
Growth in the above mentioned countries will result in increased demand for goods and services that will benefit the overall global economy.
IMO
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ashkam
03-27 11:32 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
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EB3IFiasco
02-17 06:56 PM
Same story here.Hard LUD couple days ago. Email said "transfered to.." something something.
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bsnf
04-20 09:10 PM
I was asked for the AP in India and Germany. The custom officer in India was aware of the AP and immediately completed the process and let me go. In Germany the 1st person ( probability a new hire) did not understand the AP so he asked another custom officer to look at the AP document. The other office looked at the AP and then explained the document to the 1st officer and let me go.
BTW, the trip last month was the 3rd time I traveled to India on AP.
BTW, the trip last month was the 3rd time I traveled to India on AP.
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vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
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jonty_11
05-15 11:21 AM
like everything else CHC will block this too...they want to put illegals ahead of everyone else....
It is not just they - but the industries who employ them and depend on them .As much as we may want to call them illegals - they are a part of economy and will continue to be as long as their employers continue to hire them at lower wages to boost their profits.
It is not just they - but the industries who employ them and depend on them .As much as we may want to call them illegals - they are a part of economy and will continue to be as long as their employers continue to hire them at lower wages to boost their profits.
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prince40
04-14 07:41 PM
Desi consultants should be heavily fined or shut down if they get caught in filing multiple petitions. Why doesn't USCIS take reasonable steps to avoid these kinds of fraud. i hate it when desi consultants hire people from business background and file a H1B for them as a DBA's or programmer analysts or QA's....!!!
or even mech and civil engineers become IT experts in a second
or even mech and civil engineers become IT experts in a second
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raydon
07-08 08:52 AM
I support this campaign too. Setting up a consular appointment and the anxiety that goes with not knowing whether the visa is granted despite having an approval is a stressful experience.
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
So, should we be drafting letters to send to Hillary Clinton (Secy of State) ?
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bbct
06-19 10:44 AM
Check your PM. This is what i sent.
Could you please share the letter? I am also looking for a sample format.
Thanks
Could you please share the letter? I am also looking for a sample format.
Thanks
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Lasantha
12-26 03:24 PM
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.
So that means the unused Visa number flow "downwords" within the country category NOT "accross" the EB category.
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ash0210
03-21 05:40 PM
sent PM to ALL Columbus, OH guys...Nat23, riazahamed, martinez43123, probe!! Hope, someone will definatly respond....If no one responds, I will meet alone along with my wife (possibly with kids, if they are not in school!)
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
also, sent pm to Cleveland based IV member...godbole_sanjay to co-ordinate activities at Cleveland (6 members!)
Waiting for their call...
Thanks for doing that.
State chapters are a great mechanism to communicate with other members in your state and district. Please use that if it works for you.
However, if you cannot find someone to go with you, then go alone. Many of the meetings we do in Washington, sometimes we get appointments from 2 or 3 offices at the same time. In that case we split up and only one person goes to meet the lawmakers or staffers. But we cannot lose opportunities or miss opportunities.
So go alone if there is no one else in your district to go with you.
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pointlesswait
07-22 05:23 PM
to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
i have read of instances when the PD was successful and few instances when it was not...
so i am not sure..what the criteria is..
but if you are in the same industry..PD porting should not be an issue..
....
i have a feeling sooner or later PD porting may be banned by USCIS..;-)
I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.
In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
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vine93
01-05 11:11 AM
Dear friends:
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
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kshitijnt
06-13 02:28 AM
Is there going to be a full committee vote on 23rd June.
leoindiano
12-18 10:09 AM
He is dead against H1B. Not sure about Greencards.
He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.
He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.
Macaca
09-01 10:56 AM
Macaca, what a great idea! Can you or someone approximate the figure f how much we have cntributed to SS (and better yet, how much would stop going into SS if we all left in a reverse brain drain)
H1B + GC holders pay SS + Medicare (??) for which they are entitled only after 10 years.
Look in your pay check and compare this amount with the amount you contribute to IV and the benefits from IV.
SS is a mess and so everyone loves the donations (not contributions).
Congress knows about it and may have a better # for it.
Wall Street talks about it but I started following them recently where they are talk about undocumented workers.
In order to approximate it we need the the number of H1B's and their average salary
Recently there was an article (that I posted but can not find in News Article Thread) that said the amount is ?? billion for undocumented
There may be articles that mention these #s for legals but it will include GC holders + others also. We need #s only for H1B's
If we can not find articles with #s for H1B's we should contact authors of articles (that cover legals or undocumented) to write about contribution by H1B's
You can search the wall street on line but their search engine does seem very smart and requires subscription for article access.
H1B + GC holders pay SS + Medicare (??) for which they are entitled only after 10 years.
Look in your pay check and compare this amount with the amount you contribute to IV and the benefits from IV.
SS is a mess and so everyone loves the donations (not contributions).
Congress knows about it and may have a better # for it.
Wall Street talks about it but I started following them recently where they are talk about undocumented workers.
In order to approximate it we need the the number of H1B's and their average salary
Recently there was an article (that I posted but can not find in News Article Thread) that said the amount is ?? billion for undocumented
There may be articles that mention these #s for legals but it will include GC holders + others also. We need #s only for H1B's
If we can not find articles with #s for H1B's we should contact authors of articles (that cover legals or undocumented) to write about contribution by H1B's
You can search the wall street on line but their search engine does seem very smart and requires subscription for article access.
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