jsb
12-20 10:23 AM
Hi All,
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
I would like to know if I will get in trouble if I do this:
First, switch to a completely unrelated job after 180 days of I485 filing,
then, switch back to similar job when my priority date becomes current or close to becoming current.
Does USCIS check what other jobs have I done during the entire adjustee period or it is only concerned about the job at the time of adjudication?
Thanks in advance!
Prior to getting your GC, you can work
(i) On any job using EAD
(ii) Job with a specific employer (which may or may not be your sponsor) using H1, L1, etc.
Until you get your GC, you are supposed to be a guest worker. USCIS only cares if sponsoring employer (or any other employer after 180 days of AOS pending) has a job offer for you on your getting GC.
If you are already working with the employer (prior to or at the time of getting GC) where you would work AFTER getting your GC, it only re-enforces your and your employers intentions.
So, in brief answer to your question is, no you will not be in trouble, as long as sponsoring employer (or any other employer after 180 days) is willing to confirm their intentions of hiring you if and when USCIS asks for it.
You can actually switch your job even prior to 180 days of filings AOS without impacting your case. You need not even have worked at all for the sponsoring emloyer. USCIS memos clarify these issues in detail.
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tonyHK12
02-24 03:30 PM
deleting...
panky72
09-17 05:42 PM
applied july 12 NSC, called IO today and got receipt no LIN-07259XXXXX eneterd into system on sept 13th. Checks not cashed yet!!!
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bigboy007
05-12 06:43 PM
:D it depends on whom you want to send to ?
When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?
are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...
Support IV dudes... :) and may be you can even update your profile...
My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...
Some one tell where and how to send flowers?:confused:
When you send flowers EB2-I gets retrogressed No will care if ever we have to send flowers as a united group... Are you going to address that as Eb2-India Retrogressed campaign ?
are you guys going on the same trail if dates move back and forth ... one month to send and one month to predict "EB2 will be current" and again one month back to worried...
Support IV dudes... :) and may be you can even update your profile...
My intention is to say united we stand, divided we fall, which we almost did when everyone discussing here thought of earlier that EB3-I is the only group going to have problems...
Some one tell where and how to send flowers?:confused:
more...
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
nk2006
10-25 12:23 PM
Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them. Honestly, I wish us good luck, but I am not sure.
Seems like you are indicating that public clearly against CIR: on what basis you are saying that. There was no referendum and even an election after the CIR debate. Most of the opinion polls are evenly split: if I remember correctly a popular opinion poll said that most Americans want to solve the immigration issue and they also are fine with putting illegal immigrants on path to citizenship. They also want to have more border security provisions � most of these aspects are covered in CIR. Of course illegal immigration issue is controversial and CIR may never succeed in its current form irrespective of who is in control of congress. A democrat leading congress may not venture into too controversial aspects of immigration fearing a backlash during presidential elections. The backlash they fear is energizing the extreme right wing. A republican leading congress anyway won�t pass CIR bill.
That�s why our best bet is SKILL bill � this is relatively non-controversial, good for American industry, and supported by different groups. Of course it is very difficult.
Not sure if such an important bill will be taken up during lame-duck session. In fact the outgoing house members may actually push for some aggressive border security measures to make the process even longer than it is now. So yes�.I too wish us good luck we do need it a lot.
Seems like you are indicating that public clearly against CIR: on what basis you are saying that. There was no referendum and even an election after the CIR debate. Most of the opinion polls are evenly split: if I remember correctly a popular opinion poll said that most Americans want to solve the immigration issue and they also are fine with putting illegal immigrants on path to citizenship. They also want to have more border security provisions � most of these aspects are covered in CIR. Of course illegal immigration issue is controversial and CIR may never succeed in its current form irrespective of who is in control of congress. A democrat leading congress may not venture into too controversial aspects of immigration fearing a backlash during presidential elections. The backlash they fear is energizing the extreme right wing. A republican leading congress anyway won�t pass CIR bill.
That�s why our best bet is SKILL bill � this is relatively non-controversial, good for American industry, and supported by different groups. Of course it is very difficult.
Not sure if such an important bill will be taken up during lame-duck session. In fact the outgoing house members may actually push for some aggressive border security measures to make the process even longer than it is now. So yes�.I too wish us good luck we do need it a lot.
more...
WaldenPond
07-20 12:00 PM
Hi everyone,
I am flattered and extremely grateful to all of you for thinking about this. However, Immigration Voice has made it a policy to use the funds available for advocacy and in order to do that we have chosen not to reimburse expenses for anyone. We will in future, change this policy and reimburse expenses for travel and stationary if it is affordable to do so without running short on funds for advocacy. There are a lot of people who have spend money from their pocket on this effort. Recently, Gopal, Tamsen, Anand and many other had spent money to organize rally and make the banners for San Jose rally, Jay have traveled to DC multiple times on his expense, Himanshu, Vineet, Pratik, Ashish, Nagaraj, Naren, Alok and other members of the core team have all spent resources from their pocket. And there are a lot of good non-core group members who have kept the faith and have spent from their pocket and writing all their names will fill up many pages of this thread.
If I am unable to get reimbursed then I would not regret at all because I truly believe that every penny was worth the effort and I am lucky that I could do this for myself and this community. This community is not about one person, it’s about all of us and it’s about this broken system. I am nobody as an individual but we are collective a very big community. We need to stand up for ourselves so that few lawmakers will not take pride in beating us down by their false rhetoric on the Senate floor. As you have witnessed lately, these lawmakers think that beating us down is like a low hanging fruit and every time they need to improve their ratings, they could simply do some empty rhetoric. And when we all stand-up for ourselves, together, it will be time for this bigotry to end.
Please do not collect or send funds with the intention of reimbursement for me or any particular core group. Please continue contributing to our organization in whatever capacity you can. Please become more active in the state chapters. In the beginning the response will be slow and sometimes discouraging. But if you are persistent, you will be able to motivate others in your area and raise the level of participation of other members. Please stand up for yourself and not expect lawyers or employers to do “something” for you. For too long a lot of people have taken advantage of this community. Some lawmakers have even taken pride in beating us down, knowing well that we do contribute towards the progress and pay the taxes and do our due share in the society. We all need to realize that it doesn’t end with whatever we have been doing at our jobs, because if we want our issues to be addressed we have to organize and act as community. And there is nothing wrong with organizing a community. We all have witnessed our strength when we all collectively acted as a community responding to the recent visa bulletin fiasco. We won because of the participation of everybody who sent flowers, participated in the rally and participated and helped behind the scenes in these activities.
So please keep this in mind. For the core group, your involvement is as important as your contribution. Participating in phone campaign, fax campaign, flower campaign, street protests, video campaign -- all this is a billion times more important for our success. Contributions are also welcome but your presence on the street and your face on the videos is of paramount importance for coming months. Please follow every single action item both on this site and the ones you get in the newsletters. In order to get newsletter, keep the email address and contact information in your profile (of IV account) up to date.
My wife and I received our green cards in June. But all it doesn’t end with a green card. We will all continue to have same set of problems. This IV generation will be facing same set of problems in the future, regardless of the country of origin. The question is, do we form a new organization from scratch whenever a problem knocks at our door or do we continue to be part of an effort which can take on any challenge for this community. So if you have received your green card or if you are at any stage of the process, in the long term, we should all act as a community to see greater things happen for all of us.
Thank you everyone for your thoughts.
Take care,
Aman Kapoor
I am flattered and extremely grateful to all of you for thinking about this. However, Immigration Voice has made it a policy to use the funds available for advocacy and in order to do that we have chosen not to reimburse expenses for anyone. We will in future, change this policy and reimburse expenses for travel and stationary if it is affordable to do so without running short on funds for advocacy. There are a lot of people who have spend money from their pocket on this effort. Recently, Gopal, Tamsen, Anand and many other had spent money to organize rally and make the banners for San Jose rally, Jay have traveled to DC multiple times on his expense, Himanshu, Vineet, Pratik, Ashish, Nagaraj, Naren, Alok and other members of the core team have all spent resources from their pocket. And there are a lot of good non-core group members who have kept the faith and have spent from their pocket and writing all their names will fill up many pages of this thread.
If I am unable to get reimbursed then I would not regret at all because I truly believe that every penny was worth the effort and I am lucky that I could do this for myself and this community. This community is not about one person, it’s about all of us and it’s about this broken system. I am nobody as an individual but we are collective a very big community. We need to stand up for ourselves so that few lawmakers will not take pride in beating us down by their false rhetoric on the Senate floor. As you have witnessed lately, these lawmakers think that beating us down is like a low hanging fruit and every time they need to improve their ratings, they could simply do some empty rhetoric. And when we all stand-up for ourselves, together, it will be time for this bigotry to end.
Please do not collect or send funds with the intention of reimbursement for me or any particular core group. Please continue contributing to our organization in whatever capacity you can. Please become more active in the state chapters. In the beginning the response will be slow and sometimes discouraging. But if you are persistent, you will be able to motivate others in your area and raise the level of participation of other members. Please stand up for yourself and not expect lawyers or employers to do “something” for you. For too long a lot of people have taken advantage of this community. Some lawmakers have even taken pride in beating us down, knowing well that we do contribute towards the progress and pay the taxes and do our due share in the society. We all need to realize that it doesn’t end with whatever we have been doing at our jobs, because if we want our issues to be addressed we have to organize and act as community. And there is nothing wrong with organizing a community. We all have witnessed our strength when we all collectively acted as a community responding to the recent visa bulletin fiasco. We won because of the participation of everybody who sent flowers, participated in the rally and participated and helped behind the scenes in these activities.
So please keep this in mind. For the core group, your involvement is as important as your contribution. Participating in phone campaign, fax campaign, flower campaign, street protests, video campaign -- all this is a billion times more important for our success. Contributions are also welcome but your presence on the street and your face on the videos is of paramount importance for coming months. Please follow every single action item both on this site and the ones you get in the newsletters. In order to get newsletter, keep the email address and contact information in your profile (of IV account) up to date.
My wife and I received our green cards in June. But all it doesn’t end with a green card. We will all continue to have same set of problems. This IV generation will be facing same set of problems in the future, regardless of the country of origin. The question is, do we form a new organization from scratch whenever a problem knocks at our door or do we continue to be part of an effort which can take on any challenge for this community. So if you have received your green card or if you are at any stage of the process, in the long term, we should all act as a community to see greater things happen for all of us.
Thank you everyone for your thoughts.
Take care,
Aman Kapoor
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ushkand
08-03 11:10 AM
Someone who had their I-140 approved from TSC had their checks cashed from NSC yesterday -
http://www..com/discuss/485eb/19518573/
http://www..com/discuss/485eb/19518573/
more...
pcs
02-09 08:33 PM
I am sending $ 20 ...
Please keep sending emails to all members and encourage them to chip in regularly..
Please keep sending emails to all members and encourage them to chip in regularly..
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CADude
08-01 04:58 PM
If anyone's I140 is pending at NSC, they thinks otherwise. You will feel other lanes are fast except one which you are. :D it's humane nature and It's ok to vent. you will feel better.;)
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
Most of the applications are going to NSC but TSC is the one which is slow. I do not understand the reason. It seems their boss (Mr. Gonzales) sits in NSC, so they do not do any work. Does any one have any idea why TSC is so slow.
If it goes like this, it will take a century to get EAD and AP itself.
Just venting out my frustration...:mad:
more...
mail2me_Ds
08-27 04:56 PM
My date will be current next month. But I got fingerprinting notice, and the appointment is on Sep 17th . Does that means will I have to wait until my FP is done to get the approval?. Please suggest me is there any way I can get my FP done prior to the scheduled date. This is my 2nd FP notice. First one was in Feb 2008.
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mpadapa
08-18 04:16 PM
8 pages of little substance..:D
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
more...
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go2roomshare
10-05 10:54 AM
If the Democrats win, at least hope that CIR would pass, which alredy includes our visa numbers increase.
If Republicans will, we are screwed none of immigration friendly bill will pass
If Republicans will, we are screwed none of immigration friendly bill will pass
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h1bmajdoor
07-07 08:55 PM
On CNBC:
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
that's the way it is written... you should have figured that out before coming here :(
do you remember the case of the councilwoman who is about to be deported because she came to the US as a 1 year old and never got citizenship - and got elected/voted?
now where will a person go after deportation, who came here when 1 year old?
but she is screwed. the immigration law is totally unforgiving.
Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.
but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.
that's the way it is written... you should have figured that out before coming here :(
do you remember the case of the councilwoman who is about to be deported because she came to the US as a 1 year old and never got citizenship - and got elected/voted?
now where will a person go after deportation, who came here when 1 year old?
but she is screwed. the immigration law is totally unforgiving.
more...
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unitednations
08-25 03:39 AM
I am not sure what the writer is trying to say.
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
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amitjoey
11-17 03:45 PM
Done
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sanhari
07-16 05:09 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
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vikki76
09-29 04:48 PM
For variety of reasons, I wish to explore option of consulting instead of permanent corporate job. Can I do consulting in my own name directly or do I need to be associated with some company?
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
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theOne
05-04 01:52 PM
I have mulled over different options in my head for a long time. Here are some things I came up with:
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
Are you sure you can open a business on H1B ?
Thank you,
theOne
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Donated ~$300 via paypal
- switch to a part time H1 (and do something else in your free time that you might find a little more fulfilling, i.e enrolling in PT grad program, starting a business (which you CAN do on an H1!!!), travel!!). I know there is the money factor but most of us are IT people and hopefully taking a cut will be worth the improved life.
- begin your Canadian PR process. This takes a lot less time and honestly, I think Canadians are more cultured anyway. Leave these people to their Paris and Nicoles :)
OK - I guess I didn;t come up with as many options as I had thought.... :)
Are you sure you can open a business on H1B ?
Thank you,
theOne
--------------------
Donated ~$300 via paypal
Roger Binny
05-10 01:21 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
sertasheep
05-05 06:35 AM
Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.
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