samay
07-14 06:13 AM
I have applied for 485 last year and I already have I-140 approved so I meet the criteria for AC21.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
My question is that I have not applied for EAD and I am still on H1 with same employer. In case I lose job will I be considered out of status immediately for the reason that I am not using EAD. As I understand being on EAD allows some flexibility in gap in employment until the time of approval of 485 application.
I suggest you apply for your EAD as soon as you can. It allows you a lot more flexibility and also helps with other issues such as the drivers license.
wallpaper Thor(2011)
logiclife
05-10 05:04 PM
I am talking from a broad perspective, not IV's goals.
IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.
So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.
And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.
IV never had a goal of asking for a points-based canadian model of EB immigration or asking for self-petition system where EB applicants apply for greencards independent of employer. Even if we want and ask for it, it would never happen - for the very reasons I mentioned above. Firstly it would oversupply the workforce with people who may or may not fill jobs and secondly the protection of native-born cannot be achieved without employer-petition that involved labor cert.
So politically, its almost impossible to get rid of employer-petition for all EB applicants. Maybe STEM/PH.D etc candidates will get a shot at such a provision in near future, but not everyone.
And like I said, the current system has its problems but point-based self petition is not the answer. And we are not singing a new tune. We are working hard beyond our capacities to get the same amendments introduced again that were introduced on April 7th by Senators Brownback, Alexander and Bingaman.
immi_seeker
09-14 03:04 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
seems to be a good and close to accurate analysis. we have to wait & see
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone)
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
PERM applicants in 2005 (7276 of this 40% are Indian and 60% from EB2 ) -> 1750 LCA
1100 LCA => 3850 GC
Total pending I-485 in 2005 (EB2 India) ~ 8000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
seems to be a good and close to accurate analysis. we have to wait & see
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amsgc
07-03 11:08 PM
http://www.nytimes.com/2007/07/04/us/04visas.html
Just sent her a thank you note and my letter above.
Just sent her a thank you note and my letter above.
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drirshad
07-03 06:27 PM
Wish the Senators a Happy Independence Day in the mail ....
Lets go guys its time to fill up those emails and fax machines .....
Lets go guys its time to fill up those emails and fax machines .....
kumar1
07-10 10:34 PM
I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/
Guys, let me know if you feel otherwise.
Guys, let me know if you feel otherwise.
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vinzen
08-18 11:21 PM
This is not "Indian" thread. It is purely a North Indian thread. He is popular only in North of India.
And which part of india are you from?
And which part of india are you from?
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rsdang1
08-21 11:39 AM
"Everytime"?
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
I've been pulled aside once, in the nearly 7 years I've lived here. I've never had to go through any sort of 'suffering' -- nobody humiliated, beat me up or threw me in some dungeon, and likewise with any of my friends (and I have friends of different nationalities and religion)
I was asked the routine stuff - why I'm visiting the US - who I work for, where I live, how long have I been in the US and if I have family here. They asked, I respond - and that was that. The tone wasn't the most cordial nor was it demeaning. It's not a popularity contest. The key is to not take things personally. I have a lot of respect for President Kalam. He sure did Indians and people in general, proud. Now, please, give it a rest.
I am a Sikh and I wear a turban due to my religious belief - try traveling with a Turban - You will very easily understand what "every time" means....
:-)
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Jerrome
05-11 04:55 PM
Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.
Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.
Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!
Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.
Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!
hair The Almighty Thor (2011)
EB2IMMIGRANT
08-20 09:07 PM
Heat on SRK was because of scanner on Bollywood shows - US - World - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/world/us/Heat-on-SRK-was-because-of-scanner-on-Bollywood-shows/articleshow/4916759.cms)
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PlainSpeak
01-13 04:06 PM
now i'm sure that u'r gcperm.... welcome back....
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
So i was right GCPerm was kicked out of this forum for being EB3 ................
Tell me something Ron . In you opinion what would freak out all the guys more and again
- If I am GCPerm
- If I am NOT GCPerm
Let me know which so that i will agree to be the opposite and then hopefully the guys will calm down or not freak out more. A whole day with the guys here on IV and i am feeling like i took care of 20 bawling, crying children for the complete time. I am not sure i can do that for another day.
Just between you and me I am not GCPerm but shhhhhhhhh don't tell anyone anything or it might lead to another round of slugfest.
hot Thor (2011)
GotGC??
05-17 06:30 PM
Or did you mean the other way around?
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
I personally know of 2 friends - live within half a mile of where I do, who got their GCs using labor substitution. If the lawyer and sponsoring company are good, go for it. Keep in mind that this is going to go away soon.........
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boreal
05-29 01:45 PM
I strongly feel you guys are right regarding EB1 misuse. I also know of some people who are applying in EB1 using these loopholes. we should do something to stop this fraud.
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
So overall maybe 2k-3k EB1s are gone to those fraudsters! Big deal? How good a visa movement will we get if we prevent that? By stirring this stink pit, we are only doing more damage to our cause. This is another bullet for those antis to pick up on and malign us even further. Why even discuss such things?
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Lasantha
02-12 02:21 PM
Yes, I wonder too. The new memo with the 180 day rule for FBI name check may create a considerable demand for visa numbers and could slow things down.
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
If the current EB3-ROW move is any indication one can rely on, I think you will be current in next month's bulletin. I bet you can't wait.
I wonder what kind of move we might see for eb3 -row next month.
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PlainSpeak
01-13 06:47 PM
I am not sure why everyone is complaining but your post has quite a lot of facts as well, well written !!
Whaaaaa Whereeeeeee Whennnnnnnn
Ooo my gosh is it possible that there is one person on this forum who got the intent of the post
Now my mind is telling me (Careful this is about to blow up in my face. This person is going to do an about turn and start abusing you as to how you are not needed iun this forum)
Well no way to know but here goes
If you really meant it - Thank you for the input.
If you did NOT mean it - Thank you all the same
Whaaaaa Whereeeeeee Whennnnnnnn
Ooo my gosh is it possible that there is one person on this forum who got the intent of the post
Now my mind is telling me (Careful this is about to blow up in my face. This person is going to do an about turn and start abusing you as to how you are not needed iun this forum)
Well no way to know but here goes
If you really meant it - Thank you for the input.
If you did NOT mean it - Thank you all the same
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jackrabbit
03-26 06:45 PM
No, waiting for OMB clearance.
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
And does this mean that this law will definitely change, or is it still possible that vested interests may still keep substition alive?
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angelfire76
01-14 02:12 PM
The memo is not very clear with respect to the employer-employee relationship. Most of the IT companies nowadays have moved to the contract model (e.g. IBM makes more money out of contract implementation of its own products or project implementation of other products, than from the sale and licensing of its products).
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
An argument can be made with the direct contract vs second-n level of contracts, but the memo is very generic and open to interpretation by an adjudicating officer (has anybody seen the minimum qualification required to get a job at USCIS as a case officer: its high school diploma).
An out-of-touch bureaucracy trying to tell corporates how to run their business is laughable at best. Of course I'm all for reducing and eliminating these middle-men, but by doing so the door's wide open for the mass offshoring of jobs.
The clause is still confusing: Infosys, CTS etc. also follow the "staffing" model as they don't really have in-house products that they implement at the client site. But you don't see their H-1Bs being denied. On the contrary USCIS is being very generous with the EB-1 GCs for the employees of these companies.
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soma
02-12 10:52 PM
how abt IV core leading us here or how abt murthy and other IV supporters who are immigration lawyers too.
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BharatPremi
12-14 05:26 PM
Thanks bud. Yeah, I seem to have a "Ceiling" fetish. :D
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
Anyways I only did a quick scan of your rather utopian scenario. But wouldn't the following help the that situation?
1) Flow of un-used visas from ROW to OS countries
2) Increase the TOTAL EB quota
3) Exclude dependents
4) Re-capture ( If any. But I doubt there will be anything left to recapture because in your Shangri-La USCIS would have been efficient enough to use up all the visas in the previos fiscal years).
(I do detect some bitterness in your tone. I am only here to offer my view so please don't take it personally)
Either you are kidding or wasting everybody's time. This thread is all about "investigating constituionality and effects of "Per country limit" . Nobody is saying, repeat, nobody here is saying that OTHER AGENDAS defined by IV should not be pursued or will not be pursued. Do you have anything to add about "Per country limit?
eagerr2i
08-30 01:43 PM
You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,
gondalguru
06-26 11:43 PM
This is what my very very high profile attorney wrote in her email to me today....
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
" We have heard that there will be a visa regression the first week of July "
And in immigration matters I trust her more than anybody in this whole country. So guys be ready and prepared. Do what u have to do. Be proactive.
My post is not to spread rumors or scare people but to help them to grab this golden opportunity.
I am ready to send papers for July 1st.
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