eb3_nepa
03-17 12:07 PM
bkam, just out of personal curiosity, what is ur plan B. Just for my personal Info.
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whitecollarslave
03-18 04:56 PM
If you really need help on this kind of case. Talk to Shah Peerally in Fremont, a good attorney.510-798-2742. He is accessible and good.
Thx.
Wasn't this the same "good attorney" who made some very immature, irresponsible and completely unsubstantiated remarks about immigrants or aspiring immigrants as quoted by a recent article on a local bay area newspaper?
Thx.
Wasn't this the same "good attorney" who made some very immature, irresponsible and completely unsubstantiated remarks about immigrants or aspiring immigrants as quoted by a recent article on a local bay area newspaper?
perm2gc
11-15 11:31 PM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..
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Hermione
09-25 12:49 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
more...
neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
mayhemt
06-02 06:42 PM
Shouldnt the title include petitions filed by one particular law firm:
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
'Fragomen, Del Rey, Bernsen & Loewy LLP' ??
(its a little misleading & intimidating to know 'ALL' applications)
more...
Tshelar
09-09 07:56 AM
I am not sure if any reputed lawyer is going to be able help. The fact that you agreed that you worked in a gas station when you were not suppose to causes a problem for a lawyer make a case. I am hoping one of the lawyers on this forum would be able to guide you on this.
Good luck
Good luck
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Saralayar
08-11 03:43 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
more...
Green.Tech
10-23 05:11 PM
Nothing wrong with that. USCIS likes to work randomnly so no big deal.
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snathan
02-05 12:09 PM
Hello,
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
You need to check with your HR and Attorney for the legal requirements. Make sure you are not breaking any law.
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
You need to check with your HR and Attorney for the legal requirements. Make sure you are not breaking any law.
more...
acecupid
06-18 10:02 PM
Lol.. thats funny!:D
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lostinbeta
09-06 03:54 PM
Nice links dan, also nice update on the footer, with the beam approaching from the side. I likes again......
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karn.anand
11-04 01:06 AM
there is one more button i have posted that is not listed..
http://www.kirupa.com/forum/showthread.php?t=338103
http://www.kirupa.com/forum/showthread.php?t=338103
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chi_shark
10-08 10:30 AM
this category is to deal with starting and doing business in USA... no place in the first place to cry and vent depression of your brain and your friends brains... though annoyed with it, i respect your post and respectfully ask you to take it elsewhere... i wont respond to flame from you...
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
more...
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dan19
06-28 01:01 PM
Some relief for both legal immigrants and opponents of the bill.
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milind70
08-07 09:28 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
It is based on where you live or what is your current address
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
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kshitijnt
06-25 02:39 AM
Its not practical that all or any approved applications will be impacted.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
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harivenkat
05-06 08:54 PM
Tech firms play quiet role in immigration-overhaul push - Politics AP - MiamiHerald.com (http://www.miamiherald.com/2010/05/06/1617199_p2/tech-firms-play-quiet-role-in.html)
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.
Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.
Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.
"To not be able to hire the people who really drive innovation in our company is a frustration," he said.
The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.
Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.
"Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."
For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.
"The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."
Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.
Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.
The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.
The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.
Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.
"Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."
Tech industry representatives disagreed.
"We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."
The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.
Schumer's office didn't respond to requests for comment.
Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.
"I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.
Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.
The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.
Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.
PROVISIONS THAT WOULD AFFECT TECH SECTOR:
Green cards (legal permanent resident visas):
* Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.
* The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.
H-1B visas (temporary work visas for foreign workers in specialized jobs):
* Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.
* Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.
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logiclife
02-19 11:42 AM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
tpcool
05-31 10:21 PM
Thanks, this helps.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
mzdial
March 20th, 2004, 11:43 PM
Thanks for reminding me of the loss. I was sitting about ten rows up screaming. I saw you there, you must not of heard me yelling. Hehehe..
-- Matt
-- Matt
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