kshitijnt
06-11 02:30 PM
I dont know about other IT like SAP etc, but software and hardware majors like Microsoft, Intel , Cisco, Yahoo, Google are facing tremendous shortage of skilled labor. For eg:
My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.
Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.
When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.
My wife recently graduated in CS. At the career fair, if the companies declared they wanted to get resumes only from Citizens and GC holders, their booths were empty and were waiting for people to turn up to them. If they allowed F1 students, there used to be a big queue and even the citizens were happy to be part of the queue. Bottomline is in addition to skills its also company culture. Companies that dont discriminate by visa types grow faster and have better work cultures.
Also in a graduating class of 100 people, there were barely 5-6 white or african american citizens, 5-6 Iranians, 5-6 others, rest were Indians and chinese in ratio of 60 to 40 pecent.
When it comes to PhDs there were suprisingly again higher number of US citizens and chinese but very few indians which led me to think that americans go for higher education in very small numbers or their number is small in graduate school but they go all the way up and complete PhD. Where as most Indians and chinese drop out after MS which is good but not really innovative research.
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thomachan72
11-05 06:21 AM
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
ajju
08-13 12:44 AM
This means clouds are flooded with GC's and they are dropping to earth drop by drop.
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I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
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candylady11
01-26 04:03 PM
I asked about taking money out of a salaried employees pay to cover the cost of payroll over-ride from hourly employees. If Manager doesn�t have a contract, never had one, and nothing in writing to say you will be responsible for hourly employees if payroll goes over employer�s budget, can he take the money from the managers pay to cover this over-ride? Do you think I will be right if I took legal action against this sort of Payroll-Robbery?
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ebizash
02-06 11:50 AM
I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
go_gc_way
09-10 07:51 AM
Shilpa Ghodgaonkar has rightly summarized probelms of skilled professionals waiting for their green cards.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
Thnaks to IV & Shilpa Ghodgaonkar for great efforts to bring the attention of law makers to our problems.
Names of audience is impressive, I am hopeful this effort will help on going efforts to bring relief.
Great job.
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add78
05-29 01:54 PM
This is good information. Thanks for sharing.
Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/showthread.php?t=19224
and actively participate in your state chapter's initiatives.
Thank You.
Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/showthread.php?t=19224
and actively participate in your state chapter's initiatives.
Thank You.
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vikramy
07-10 02:14 PM
This is a client. My company gave a letter from immigration department saying EAD is a valid document to work. But their security team is just adamant saying they need valid visa & I94. So What helps me is some thing that says EAD is valid for legal employment or it is not legal to descriminate based on the status.
I even have valid drivers licence etc. still they don't see it as valid.
I 9 form does have i 766 as valid entry.
I even have valid drivers licence etc. still they don't see it as valid.
I 9 form does have i 766 as valid entry.
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wizkid732
08-25 10:44 AM
Thanks for the reply, the wait is painful. Itls like a detention without trial :-)
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
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coopheal
12-03 11:52 AM
Bump
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eb3_nepa
11-06 10:37 AM
I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
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lonedesi
04-04 10:08 PM
A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.
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raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
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teky
11-12 03:57 PM
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
more...
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gcdedo
05-25 06:40 PM
Does anybody have actual TEXT from Managers Amendment from Thomas?
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logiclife
12-03 11:31 AM
Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.
It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.
Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.
If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).
But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.
more...
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x1050us
05-15 08:06 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Did you submit the 485s together or separately.
Did you submit the 485s together or separately.
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marty
01-09 11:30 AM
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
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Fugu
01-11 01:53 PM
Thank you both for your replies.
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
I understand that we may not be eligible for an EB1 but would we still be able to apply for an EB2 without leaving the country?
VivekAhuja
07-08 07:09 PM
It all depends on how good you really are. If you are excellent, any company (desi or not) will do anything to keep you.
Kushal
09-15 05:23 PM
Will join...see you all in the chat room
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