vrbest
07-11 08:18 AM
Not sure if it was answered anywhere for similar situation..
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
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vdlrao
07-25 07:01 PM
I still believe in EB2 will try to catch up current by next October.
ramus
07-04 09:57 AM
Guys... Please help Mecaca.. Please scan all 100 pages of breaking news thread and summarize issues.. Please be very specfic and up to the point..
Should be short.
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.
I will add issues from this thread! thanks
Should be short.
I meant a scan of the other 100 page thread Breaking news. I did not follow that thread and it has lot of issues. Please summarize issues mentioned in Breaking News thread here.
I will add issues from this thread! thanks
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newtogc
10-03 01:54 AM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
more...
newtoearth
05-03 12:14 AM
...
AirWaterandGC
05-10 09:25 AM
mihird,
I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....
I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.
Thanks.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
I see you have gone thru the CA process. I had asked a question earlier .... but no one seems to have an answer. Here are the details ....
I have my CA PR. Waiting for US GC, my CA PR clock is ticking. Once I am more than 3 years past in the CA PR card and if I still dont go to CA, I understand that my CA PR may not be renewed. My question is : Is is possible to at least enter CA for the last (during 5th) year of CA PR ? Also is it possible to re-apply for the CA PR once I am say 4 years done in my CA PR life without entering CA ? Please shed some light.
Thanks.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
more...
Vishal2007
05-02 12:46 AM
read Indian history, you know how Gandhiji is self-fish.
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vdlrao
07-16 06:05 PM
EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
I mean EB2 India will be current with in a year.
I mean EB2 India will be current with in a year.
more...
skrish
09-24 09:51 PM
Hi All,
Just wanted to let all know, that I had made this suggestion sometime back on the IV NY yahoogroups. looks like it has gained traction since then. I ad also sent mails to Zoe Loefgren, the President and VP back then. :)
I have sent my mails and told all my friends to send too. lets Go For it ....
Together, We shall Overcome
Just wanted to let all know, that I had made this suggestion sometime back on the IV NY yahoogroups. looks like it has gained traction since then. I ad also sent mails to Zoe Loefgren, the President and VP back then. :)
I have sent my mails and told all my friends to send too. lets Go For it ....
Together, We shall Overcome
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user1205
02-12 01:37 PM
As far as I know the country quotas are followed only in the first 3 quarters of the year. Last year a lot of numbers were used for India/China in the June/July fiasco and ROW used less than the yearly quota. India had I think 3 times the yearly quota in those months. So they're trying to use up as much as they can for ROW this year I guess.
I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".
This was listed at the bottom of the page in the March VB in state dept's website:
The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.
more...
soljabhai
12-14 05:34 PM
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grupak
02-12 05:37 PM
To fix the problem for everybody need both (1) increase in visa numbers and (2) remove/increase country quota, IMHO.
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chantu
03-30 02:06 PM
The most of the guys posting in this thread is not going to vote. Even I think, we all do not have our names in electoral list. There is no sense in arguing who is best or who should be next PM, sitting in US. Furthermore, most of the educated, urban voters will never go to polling booth in hot summer to stand in line to do their duty as a citizen.. Indian�s election of their representatives is fundamentally a show of money and muscle power. Election in India is just a business. It is just investment of money by political parties with the help of capitalists and their lobbyist to get the vote from rural, uneducated, divided voters across the nation. All parties are corruptive, communal, divisive, plays vote bank politics. No exceptions! (whether it is Congress, BJP, communists, BSP, SP, and countless regional parties). One thing I can say or compare about Congress and BJP. Congress is the only party has responsible for bringing both good (economy, growth, education,) and bad (corruption and countless other) thing to India. BJP has not done any good thing to India sofar, only it brought bad things to India (divisive, corruption).
My input regarding comparison of Manmohan and Advani.
Manmohan.
Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.
Advani,
He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.
My input regarding comparison of Manmohan and Advani.
Manmohan.
Though, he is not a full time politician, and not a good crowd pulling speaker, he has strong record. He has quietly achieved lot as a RBI governor; FM and PM. US nuclear agreement is a big achievement in his career, despite he had a minority government with the strong left opposition. He does not have long term independent vision, and strong leadership skills. He was widely accepted by all part of the country, as he has no controversial issues.
Advani,
He is a good speaker, crowd puller. He is a typical Indian politician. He has leadership skills. He does not have any significant record/achievement to back his claim for PM (either as a ex-minister or politician). For example, he has not done anything to improve the national security when he was a union home minister. He has involved in controversial issue like Babri Majit, and Ram temple issue. He also does not have long term vision, ideas on economy, poverty elimination etc..
Ramba, can you please update your profile? I am surprised a Brazilian knows much about Indian politics.
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thakurrajiv
09-24 08:27 AM
Well, here�s some more stat : Base on GC allocation of FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV(Part2).pdf ),
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
EB1 India got 5,327 visas , EB2 India got 14,818 and EB3 India got 3,576 even though the quota was 2,803 for each preference.
As an example, I-485 pending for EB2 and EB3 India before 2006 are 17,835 and 46,334 respectively. Everything else being equal, you can take a guess how long it would take based how old the report was. Even if the report is from yesterday to be pessimistic and there are nuances, it gives some approximation unless the interpretation is totally wrong.
Thanks for posting this. Lets see how visa allocation worked for 2009. Based on 2008, things do not look as rosy. Only 14.8K visas in EB2-I. If perm speed improves then the spill overs will also reduce.
Surprising South Korea is not in oversubscribed countries. It received 7.2K EB2 visas.
I thought South Korea should have been retrogressed. Well when do we expect fairness from USCIS ? They seem to follow class system : ROW, china, other over-subscribed, India in this order !!
more...
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snathan
09-04 03:42 PM
Like collecting money to lobby for GC we can accumalate money for Political party as well. I can tell you every Indian would contribute to such endeavor.
Please contribute to IV before start collection for political party. Thanks
Please contribute to IV before start collection for political party. Thanks
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longq
02-13 07:10 PM
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
No. You are wrong..
202 (e)(3) will not applicable, because of (a)(5).
The third point excempts that ..
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
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PlainSpeak
01-13 12:43 PM
Only one thing I like in this big post,, that is you are not HE you are SHE... we can be friends, you are so nice.
MC
If wishes were wings, pigs would fly
MC
If wishes were wings, pigs would fly
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aruny5
05-29 12:13 PM
Date of sign up: May 29, 2009
Subscription Name: Donation to Support Immigration Voice (User: aruny5)
Subscription Number: S-4EV10617TH7257927
Subscription Name: Donation to Support Immigration Voice (User: aruny5)
Subscription Number: S-4EV10617TH7257927
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krishmunn
06-12 12:20 PM
I wonder what Dilip was doing when he was laid off. An H1 holder is out of status the moment he/she is laid off. So, our brightest Dilip was out of status (aka illegal) during the period he was laid off.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
As is said -- illegals have a better chance to get GC then those trying to be legal.
With such friends of prospecting immigrants you sure do not need an anti-immigrant.
saimrathi
07-11 11:33 AM
Very well written...
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
Yes, taxes are higher. How do you think these things are paid for?
As for the weather, well duh! :)
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!
The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!
Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of th top 10?
The index takes into account, cost of living, earnings capacity, safety, etc.
Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities.
Cost of living is actually far below that in places like NY and California.
Health care, while not top notch, provides better care to more people than is likely to be found in places like the US. PARTICULARLY for people that are older and more likely to need it.
Education is infinitely better. US Public schools are atrocious.
Yes, taxes are higher. How do you think these things are paid for?
As for the weather, well duh! :)
Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. do you own research!
TomPlate
07-03 09:36 PM
Can we organize a skype conference chat. Please let me know.
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