gc_on_demand
01-08 03:23 PM
from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
ronhira
04-26 07:44 PM
this is how cir will end..... with a procedural vote -
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)
bet $100?
immi_twinges
09-06 09:05 AM
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
vxg
07-16 05:57 PM
change the heading of the thread pls.
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
Please see links below:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
:cool:
When will the next month dates come out ???
more...
cal97
08-17 02:37 PM
If you had both your I-140's approved not sure why your attorney refused to go in for a I-140 substitution. Thats very weird. Should have been done in the first place. Why would someone not want to use an earlier PD :mad:?? Beyond me. If you hired the lawyer, give him your peace of mind. If he/she is a corporate attorney make sure to talk to your Manager/HR to get things fixed up.
You should be able to substitute it now as far as I know. Consult a good lawyer.
My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with �EB3/PD Sep 2002� and when I asked them to combine my EB2 with �EB3/ PD Sep 2002� they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
You should be able to substitute it now as far as I know. Consult a good lawyer.
My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with �EB3/PD Sep 2002� and when I asked them to combine my EB2 with �EB3/ PD Sep 2002� they said USCIS will reject it.,
Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.
rockstart
03-01 07:28 PM
Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
more...
suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
adreg
06-05 08:41 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
more...
lvinaykumar
01-31 10:17 AM
I usually get 40$ or max 50$ bill per month. But from last few months i am getting bill around 180$ per month. I live in a similar size apartment as you.. :mad:
I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:
I was totally shocked when i get the bill for the first time but i think i am getting used to it :(:confused:
crystal
07-04 10:09 PM
Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
more...
sac-r-ten
07-30 02:04 PM
Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
I wish you get out of this mess soon.
take care.
thanks.
Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
I wish you get out of this mess soon.
take care.
thanks.
Anders �stberg
May 1st, 2005, 02:46 PM
I'd say you captured the action just fine. All that bird tracking was probably good practice for this.
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
Thanks Fred. The bird shooting must help for better reaction time if nothing else, they are not always very predictable. :)
more...
Macaca
02-06 06:43 PM
How (when) do you decide that you will take EAD or stay on H1B? Can you change your mind or it is a one time decision?
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
Do you have to mantain status (pay checks) on EAD? I understand you need to mantain status on H1B?
Sorry I am a moron.
Templarian
08-25 09:01 PM
Hmm... pwned person... http://img402.imageshack.us/img402/6388/boomheadshotrv3.gif
and by the way Templarian Kalamazoo isn't too far away, I live there.You plan on going to wmu? (depending on your age)
and by the way Templarian Kalamazoo isn't too far away, I live there.You plan on going to wmu? (depending on your age)
more...
factoryman
06-19 05:56 PM
go to forum. Click on my name in the user currently online. My profile will come up.
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
Then click on 'Find all posts by factoryman'., or something like that. The tile of the post is 'Final Word on Adult Vaccination'
Only one MMR is recommended by CDC and these recom. are current till Sep 2007.
Ok I found the link of yesterday. (http://immigrationvoice.org/forum/showpost.php?p=86250&postcount=133)
Center for Disease Control (CDC) USA – Oct 2006 to Sep 2007
Recommended adult immunization schedule
Vaccine – Age Group – Dose(s)
TDAP- (all ages) – 1 dose Td booster every 10 years
MMR – (19-49) – 1 OR 2 doses
MMR – (50-64) – 1 dose
Varicella - (19-49) – 1 OR 2 doses
Varicella – (50-64) – 1 dose
Straight from Horse's Mouth (http://www.idph.state.il.us/about/2007adult-schedule.pdf)(the CDC link is not working):
same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.
Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????
a1b2c3
07-10 05:17 PM
my PD is still not current :p
Just kidding..glad to see the dates move fwd.
Just kidding..glad to see the dates move fwd.
more...
ajju
04-16 03:33 PM
Are you kidding (about the refund)?
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
forgerator
10-23 11:11 AM
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
thanks n sorry for the multi threads !!!!
I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.
Read my full story here :)
Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)
secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
thanks n sorry for the multi threads !!!!
I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.
Read my full story here :)
Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)
StukAtBEC
02-16 10:19 PM
Folks,
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.
I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.
I have the following questions:
1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...
I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC
2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...
Also, I'm looking for a good attorney to help me invoke AC21...Please advise!
Gurus... please help me with your suggestions.
njboy
06-08 09:14 PM
There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.
bobzibub
05-08 03:20 PM
My opinion:
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
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