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Friday, June 17, 2011

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  • pj1
    03-24 12:11 PM
    Hi,

    I am on an L1B visa which is valid till 2013.I want to know different options available if i wish to get an H1B visa.

    Thanks





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  • coolmanasip
    03-07 09:45 AM
    you are lucky man.....what you say makes sense.......but here is the reality.......

    GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....


    It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..





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  • my2cents
    09-17 05:22 PM
    Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!





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  • amsgc
    02-04 02:12 AM
    See response below.

    Folks,

    I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.

    But, there are a few questions that I am not convinced myself:

    1. why remove per country quota just for EB, why not family based immigration as well?

    => Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.

    On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.

    You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.



    2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.

    => The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.

    Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.

    Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?

    Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.

    3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?

    => This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.

    When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?

    => Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.

    We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.

    => I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?


    That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
    => You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.


    At the end of the day human life is human life even it is it Indian.
    => Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.



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  • pd052009
    03-17 08:14 AM
    ^^^^^





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  • TomPlate
    03-10 09:00 AM
    Assume AC21 is not filed. But we change job and location, so do we need to do only address change alone. Please let me know?



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  • webm
    06-20 03:01 PM
    Congratulations!!! Survu,Mallu both..


    -------------------------------------
    PD EB3-Ind Oct,2001





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  • logiclife
    01-17 02:01 PM
    There is such a thing as Timing.

    We all know that contributions reach peak time when Immigration debate is on CSPAN.

    But what most people must realize is that when the bills are debated on the committees and floors, its too difficult at that later stage to make difference.
    At that stage first of all you need a sponsor for your amendment, then you need the majority/minority leader to allow floor time for debate on that amendment and then you need votes to get the amendment passed.

    Getting things done before committee level, in the original text requires action now, NOW IS THE TIME, when you dont hear about immigration in the news, but behind the scenes, things are happening.

    So if you are holding on to your contributions until you start seeing debate and action on the hill, chances are that it will be late at the time and then those funds cannot be translated into usable resources.

    Things take time and planning ahead of time and working ahead of time is something that highly skilled professionals must value.

    If we start hearing rumour of layoff, we start looking for jobs...right? Or do we wait until we are actually laid off and on the streets?

    Its the call of overall 8400 membership. Perhaps the membership, with its slow response, is sending a message that core group is wasting its time doing all this and we should shut down and go on with our lives. If that is the case, then that is fine too. I guess we will know in the next month or so.



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  • shaxami
    04-05 09:23 AM
    has anybody contacted senator office or congress person office on this issue. They are sometimes very helpful in handling matters of red-tape.





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  • ek_bechara
    10-15 03:34 PM
    Buddy did you even read what I said???

    May be I misread. Too much going on here. The sad part is that the economically strong legal immigrant community is just so under-represented in this country.

    No offense meant to senior folks here.

    All the best people...

    Peace out



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  • needhelp!
    09-26 12:07 PM
    I see the updated text. Good job IV folks!

    But it does seem out of place because the whole article is about H1..





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  • ivgclive
    04-10 12:04 AM
    Old wine tastes good. Does this VB tastes good to you?

    Yes.

    Why not.

    VB is the only item that keeps many to survive for the next 30 days.

    Green card applicants started losing hope and dying slowly for 15 days. Then they become like a phenix birds for next 15 days, hoping that something will be there in next VB.

    This cycle will go for next several generations....

    We should be proud that we are going to be in history.

    In 2050 school kids in US will study about "how a several thousands stuipds spent their whole lives, waited for something that never happened"



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  • drirshad
    06-30 08:38 PM
    It has never happened in the history that they revised any visa bulletin, just hope for the best & pray .......





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  • neverbefore
    07-15 05:27 PM
    My case is exactly same as yours except my PD is Feb 27th and I received an RFE for Birth Certificate when the dates went current in 2008 August. Since then I saw LUD's for 3 weeks and then its been all quiet I am hoping that means application was pre adjudicated.

    Folks, we had an interview in December of 2008 and the IO said that had the dates been current, she would have approved our 485.

    Now that we should get current from August 1, can you hazard a guess as to what might most likely happen? Do you think we might get a biometrics notice once again since fingerprints expire after 1 year (my understanding)? Or do you think we might get a CPO notice? Or some other third thing?

    Please enlighten. :confused:

    Thanks and best regards.



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  • anand2007
    07-03 03:34 PM
    DOS says USCIS suddenly did backlog case reduction. Why USCIS didn't communicate to DOS regarding this action before or immeditely after july Visa bulletin was issued. Suprisingly when DOS issued revision USCIS immediately acted on it and started rejecting applications based on DOS revision.Also how can backlog reduction be unexpected action when they are clearing backlog cases for a month.
    It is clear to me USCIS and/or DOS is playing with the legal immigrants, even if this is a genuine situation, this is reckless behaviour from USCIS/DOS. It's time to teach a lesson to the USCIS regarding this. In the worst case, if we can't correct the situation at this time, we should atleast teach them that they can't do this in future.They wasted my money and time and caused mental tension. I just contributed $100 to fight. If we don't fight for ourselves who will???.





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  • bomber
    06-30 07:30 PM
    Way to Go !

    Let's get united (for the first time) and fight it tooth and nail.

    We should not let them get away with something like this so easily.

    To be honest with you all, last week when these rumors started, I thought once my case is filed, I don't care if they revise the bulletin or whatever. But after going through all this since yesterday, I don't want something like this to happen even to my enemies.

    Even if my case is accepted(current in June, hopefully lawyer mailed it Friday for monday delivery) I'll support you guys in this fight!



    So that it boosts up peoples who are similarly disappointed as i was last evening from 6 thru 9 PM ...

    July bulletin is still C and no one can stop us from Mailing/ Posting !!



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  • gcisadawg
    12-16 05:50 PM
    Can you imagine, Microsoft getting a RFE from USCIS to show "ability to pay"! We have so many people yelling on these forums because companies do not have the ability to pay to these "highly skilled workers".

    Kumar1,

    You never know. GE was considered the bluest of the blue chips! Look at what is happening! Within no time, it fell off the cliff! How many storied wall st. investment banks are left standing? If open source takes off with real wings and an efficient replacement for MS-office ( already started to come) arrives, MSFT itself may not be there to answer 'RFE' issues...

    Btw, I believe we are here because we are needed. High skilled or not is a different issue. For some, nothing is Rocket science except Rocket science itself! Why would anyone give us a H1B visa, renew it year after year and allow us to apply for Green card? They can easily pull the plug by

    1> Stopping all future H1Bs first...No more H1s from Fiscal 2010 onwards.
    2> Existing H1Bs who havent applied for a GC will not be allowed and have to go after the term ends. ( you might see H1B substitution where a guy with 5 years left on his H1B can trade for the highest bidder)
    3> Existing H1B who have applied for GC and in various stages of processing....would either be rejceted OR asked to re-start the process under stringent guidelines.

    US should be doing all or some of the above if they think H1Bs are NOT needed.

    Peace,
    GCisaDawg





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  • GooblyWoobly
    03-20 02:09 PM
    I have no idea why u guys get riled up about EB3->EB2 conversion? It's Not your Ration line FIFO. Are you trying to say someone who has 10 years of experience (5 years in the last company, so EB3) stands to get GC AFTER someone with no experience but a MS? There are many other loopholes through which EB3's can fall through. Just because you are frustrated with the wait, don't take it out on someone who is also on the same boat.

    Also your assumption of "Reputed companies don't do EB3->EB2" is outright wrong. I work for one of the most reputed companies in the valley, and they do it on a selective basis (read, if you're good enough, they'll do it for you).

    Remember this, someone can move to EB2 only if he qualifies to. It's not that you can just jump boat with no qualification. And if someone qualifies, I don't see why he/she should stay back!!

    I'm a original EB2 filer (no EB3->EB2 conversion) and not a LC transfer. EB3->EB2 increases timeline for getting my GC. But I do not believe that's wrong.

    Each one to his own!! My 2c.

    Hi Coopheal:

    With Due respects to your Seniority and Agony/ Frustration being retrogessed.

    Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..

    If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).

    So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).

    Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.

    This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.

    Thanks,





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  • GCKaIntezar
    02-21 11:14 AM
    Sorry I had 2/26 as Sunday in my previous post.

    Thanks Sekar, please bring as many friends as you can. I plan to be there around 3:30pm.

    Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
    Sekar





    gcformeornot
    03-16 12:54 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    that's the best way to get rid of such fools......





    imv116
    04-02 03:13 PM
    [quote=sweet_jungle]

    What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.

    How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.

    To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.

    -the116



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