Canadian_Dream
09-13 02:08 PM
Anyone thinking that there will be a bill passed in near future that will overhaul skilled immigration process needs a reality check. Now I am not discouraging anyone from trying, I am also suffering through this mess and in no better position. The reasoning behind my assumption is following:
1. Lawmakers serve America and Americans. In theory anything that passes must look like it is serving their interest. Most laws/actions MUST look like it is helping Americans directly or indirectly, more so in an election year. That's why with less than 60 days for election it is not wise for them to spend time in enacting and debating laws that helps immigrants. It simply makes no sense.
2. You can argue that helping skilled immigrants will help America greatly and there is an urgency to enact such laws. Unfortunately no matter what media says, there is no such urgency seen by either law makers or their advisers. The reason, being there is no mass exodus for skilled immigrants, I know a few who have gone back but most of us are still here waiting for visa bulletin evey month hoping that some miracle will happen some day. Even if there is a mass exodus, there are enough people in India/China/Eastern Europe who will be more than happy to be here and do whatever we are doing. Simple law of numbers.
3. It can also be argued that America is not producing enough talents in Science and technology and hence we should throw a red carpet to anyone who can buy his way through the MS program from an American university. Unfortunately for us, a lot of us are doing mundane jobs and do not make a big impact in the economy the way techies used to be in late 90's. The best and the brightest are well taken care of (read: EB1/NIW) even today, for the rest us there isn't a desire nor a need to expidite the process in any manner. It will only help us, and we don't matter.
4. There isn't much shortage of skilled professionals, definitely not of the proportion that 65,000 visas are gone in 2 months. The only shortage I see is of numbers of "Visas". Although it is hard to find good people in technology but that problem cannot be solved by making that number higher. I am not sure what's the reason.
So what can we do ?
In short we are just a John Doe seeking better life which unfortunately isn't there in our home country. We should enhance our Skills (NOT skill bill) and help ourself to do well in anywhere. One thing is use 3 years extensions to chnage jobs and do well.
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
1. Lawmakers serve America and Americans. In theory anything that passes must look like it is serving their interest. Most laws/actions MUST look like it is helping Americans directly or indirectly, more so in an election year. That's why with less than 60 days for election it is not wise for them to spend time in enacting and debating laws that helps immigrants. It simply makes no sense.
2. You can argue that helping skilled immigrants will help America greatly and there is an urgency to enact such laws. Unfortunately no matter what media says, there is no such urgency seen by either law makers or their advisers. The reason, being there is no mass exodus for skilled immigrants, I know a few who have gone back but most of us are still here waiting for visa bulletin evey month hoping that some miracle will happen some day. Even if there is a mass exodus, there are enough people in India/China/Eastern Europe who will be more than happy to be here and do whatever we are doing. Simple law of numbers.
3. It can also be argued that America is not producing enough talents in Science and technology and hence we should throw a red carpet to anyone who can buy his way through the MS program from an American university. Unfortunately for us, a lot of us are doing mundane jobs and do not make a big impact in the economy the way techies used to be in late 90's. The best and the brightest are well taken care of (read: EB1/NIW) even today, for the rest us there isn't a desire nor a need to expidite the process in any manner. It will only help us, and we don't matter.
4. There isn't much shortage of skilled professionals, definitely not of the proportion that 65,000 visas are gone in 2 months. The only shortage I see is of numbers of "Visas". Although it is hard to find good people in technology but that problem cannot be solved by making that number higher. I am not sure what's the reason.
So what can we do ?
In short we are just a John Doe seeking better life which unfortunately isn't there in our home country. We should enhance our Skills (NOT skill bill) and help ourself to do well in anywhere. One thing is use 3 years extensions to chnage jobs and do well.
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
wallpaper Lou Reed Berlin Live at St.
jjava100
04-18 05:03 PM
Congrats jimytomy !
pointlesswait
03-13 11:55 AM
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
yeah right..;-)
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
yeah right..;-)
2011 Lou Reed#39;s Berlin 2007 DTS
sri1309
08-13 08:27 PM
Guys,
Lets not fight here. People in pain will cry, whether in EB2 or EB3 or any.
The system is broken and we must make sure its fixed.
Hope we know how people came here 60 years back. They got citizenship on day one. So what do we do. Things change, but there must be an order.
We must contribute to an organization thats trying to help us. Lets not be different to it. We are not living in any ideal world.
Did I contribute till now.. no..
Was I trying to in the last two weeks.. YES..
Let me do it tomorrow for sure.
Sri..
Lets not fight here. People in pain will cry, whether in EB2 or EB3 or any.
The system is broken and we must make sure its fixed.
Hope we know how people came here 60 years back. They got citizenship on day one. So what do we do. Things change, but there must be an order.
We must contribute to an organization thats trying to help us. Lets not be different to it. We are not living in any ideal world.
Did I contribute till now.. no..
Was I trying to in the last two weeks.. YES..
Let me do it tomorrow for sure.
Sri..
more...
santb1975
02-01 05:27 PM
it seems like a good question to ask
Aren't these pretty complex questions for them.
Why can't we ask a simple question like this?
1. Given the green card woes lot of US eductated scientists and technical talent are leaving US for their home country. This is helping the home country and increasing outsourcing market. What are you going to do about it? Are you going to do any thing to keep them here?
Should I ask this question? Any inputs.
Aren't these pretty complex questions for them.
Why can't we ask a simple question like this?
1. Given the green card woes lot of US eductated scientists and technical talent are leaving US for their home country. This is helping the home country and increasing outsourcing market. What are you going to do about it? Are you going to do any thing to keep them here?
Should I ask this question? Any inputs.
vine93
09-17 11:59 AM
Which Link you guys following
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
CSPAN Mr. Hoyer speaking
CSPAN2 Idle
CSPAN3 Mrs. Bair speaking
more...
virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
2010 founding member Lou Reed,
another one
11-03 09:20 AM
I have tried to put my career goals ahead of the dollar conversion rate (not always easy). Because i took up new roles and salary , i have had to restart the GC process a couple of times. As a result i am still without GC despite being here for more than 10 years and having two masters degrees from US. I am sure this is a common story here.
I am heading towards a another change and now have very little patience for restarting the process. I am glad many people on this forum have voluntered to help pack. I will be getting in touch with you in a few months.
I am heading towards a another change and now have very little patience for restarting the process. I am glad many people on this forum have voluntered to help pack. I will be getting in touch with you in a few months.
more...
raj2007
06-16 12:50 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
hair Lou Reed#39;s Berlin (2007) 720p
chandlerguy98
06-14 01:43 PM
I think there is another issue here. lets say you file for your 485 and you get married later in teh year..by that if PD retregresses again, your spouse wont be able to file for 485, since she gets your PD. so you might get approved sometime next year and you will loose your h1b status, then it gets to be a problem for the spouse since she is still waiting for PD to retrogress..so please talk to a lawyer and get all the facts...
more...
smodekurti
10-12 05:23 PM
Guys
Please do update us if any of you or your respective attorneys have received the notice from USCIS. I am in touch with the attorney of my previous company and hope to have something next week. Will keep you posted but looks like USCIS has started this exercise only recently as we have not seen this kind of posts in the past or as SmartBoy mentioned, many of us might not have created a portfolio to check the status of all the approvals we received so far on our immigration journey.
Please do update us if any of you or your respective attorneys have received the notice from USCIS. I am in touch with the attorney of my previous company and hope to have something next week. Will keep you posted but looks like USCIS has started this exercise only recently as we have not seen this kind of posts in the past or as SmartBoy mentioned, many of us might not have created a portfolio to check the status of all the approvals we received so far on our immigration journey.
hot Lou Reed#39;s Berlin Directed by
pappu
03-29 04:05 PM
Pappu,
I do agree that my success (both personal and professional) depends on:
1) Ability to file I-485 so my wife can start working. She has a MS in Computer Science degree which she acquired while on H4, which in an itself is a major accomplishment. But, she can't do much beyond this. Lots of employers stay away from filing H1 these days. So her best bet is get EAD soon so she can start working.
2) Ability to file I-485 gives the benefit of visa-stamp-less travel. We've been postponing traveling to India due to the hassles involved in H1 stamping.
3) Ability to get greencard will give us peace of mind for sure.
I do know IV is working to reduce backlogs, remove per-country quota, admin fixes, and much more. I do not of any other platform that is helping employment based immigrants...which is why I'm participating in the advocacy days and I just contributed $100 towards the cause.
I hope IV slowly but surely gets enough mass of people to become a self-sustaining organization that can make impact to the lives of immigrants. You and other IV volunteers are surely doing a great job.
Thanks.
Thank you for your support
I do agree that my success (both personal and professional) depends on:
1) Ability to file I-485 so my wife can start working. She has a MS in Computer Science degree which she acquired while on H4, which in an itself is a major accomplishment. But, she can't do much beyond this. Lots of employers stay away from filing H1 these days. So her best bet is get EAD soon so she can start working.
2) Ability to file I-485 gives the benefit of visa-stamp-less travel. We've been postponing traveling to India due to the hassles involved in H1 stamping.
3) Ability to get greencard will give us peace of mind for sure.
I do know IV is working to reduce backlogs, remove per-country quota, admin fixes, and much more. I do not of any other platform that is helping employment based immigrants...which is why I'm participating in the advocacy days and I just contributed $100 towards the cause.
I hope IV slowly but surely gets enough mass of people to become a self-sustaining organization that can make impact to the lives of immigrants. You and other IV volunteers are surely doing a great job.
Thanks.
Thank you for your support
more...
house In 2006, Lou Reed revived his
Nid2009
03-10 05:21 PM
Thanks for the numbers. Are these numbers including Depdent also or only Primary applicatnt. Also, they are only 485-Pending cases or I-140 approved also included.
tattoo Lou reed performing the complete album , quot;erlinquot; live at the marquee,
waitingGC
01-30 08:34 AM
01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
* The planned implementation day appears to be April 2007. But it can be earlier!
Will OMB approve this rule? What is OMB?
* Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
* The planned implementation day appears to be April 2007. But it can be earlier!
Will OMB approve this rule? What is OMB?
more...
pictures at Lou Reed Guitar Archive
Lollerskater
09-17 12:13 PM
Does voting "Aye" mean yes? And the silent means "Pass"?
dresses Lou Reed#39;s Berlin
number30
04-19 04:09 PM
Wounds, here comes ................ salt!
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
It is not about 4 years degree But 16 years education to attain the degree.
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
There is no requirement in INA regarding the number of years in degree.
ImmInfo Newsletter: The Culture of No: More on the USCIS challenge of educational credentials (http://www.imminfo.com/News/Newsletter/2011-4-15/USCIS-challenge-credentials.html)
They are likely to lose, if litigated against.. just saying
It is not about 4 years degree But 16 years education to attain the degree.
Does anyone know recent EB2 approvals with B.Sc., B.Com degree from India (Even with M.Sc. , MBA, MCA etc). I thought they stopped approving such cases long back.
more...
makeup Julian Schnabel middot; Lou Reed
ushkand
07-19 07:00 PM
Mailed: June 29th
Service Center: NSC
Delivered: July 2, 7:55 am (Signed: R. Williams)
Mode of shipping: Fedex
Check Cashed?: no
Receipt: not yet.
Same as me :D but for the fact that I sent in mine without medical. What do you guys think the chances are of USCIS sending an RFE instead of rejecting the application outright?
Btw..I did "re-file" with completed medical yesterday. I am just hoping they accept my July 2 app. to avail, if any, advantages of RD.
Service Center: NSC
Delivered: July 2, 7:55 am (Signed: R. Williams)
Mode of shipping: Fedex
Check Cashed?: no
Receipt: not yet.
Same as me :D but for the fact that I sent in mine without medical. What do you guys think the chances are of USCIS sending an RFE instead of rejecting the application outright?
Btw..I did "re-file" with completed medical yesterday. I am just hoping they accept my July 2 app. to avail, if any, advantages of RD.
girlfriend Lou Reed cover and booklet
rajuram
02-14 12:08 AM
I think many a times we over analyze things. It does not matter what the common people think about legal immigrants. Most people do not care. Even if they do, it does not affect us in any way, because rules are made by politicians not by men in the streets. And most polticians do care about immigrants, but only the illegals ones, because it is their future vote bank. For legals the only hope is companies like Microsoft, with a big fat wallet. Just pray that the economy keeps going at the current pace or else there could more trouble for us.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
Leadership or Money is not issue for getting results. Why there is so much oppositon to H1b and GC increase? There is a fear in certain american people that they may lose job to the low wage H1b people. Is anyone either corportions or Pro-immigrants trying to remove the fear? Is skill bill has any protection to american workers? We want to increase to h1b or gc without botherng the impact. Now USA really need more h1bs and gcs. But are we suggesting anything when job growth stops or recession happens? Rememember so many people were laid off between 2000 to 2003 including H1b people and Americans but that time also most of 195k h1b was used. I knew lot of people
those who lost the job because of outsourcing and H1b. They struggled for couple of years and and now most of them are in good positon because job market improved. Bold decison will be H1 increase or Gc increase with complete protection to American people and adjustment when demand decreases. Otherwise even h1b or gc is increased by lobbying or politics hatred may increase that is not good for immigration.
hairstyles LOU REED - Berlin - LP
nojoke
10-08 11:17 AM
You are right in the sense of returns but I am also looking at investing ,not 50 lakhs but small amts. The rturns may not be good but the main reason I think people invest is because of the surity that the land price appreciates more than 50% and be sure your principal is safe compared to stocks or other.
Just my 2 cents .Let me know if somene think otherwise
That is speculation. Speculation is what is causing all these problems. When the game stops all the speculators dump the property and the values spiral down.
Just my 2 cents .Let me know if somene think otherwise
That is speculation. Speculation is what is causing all these problems. When the game stops all the speculators dump the property and the values spiral down.
desi3933
01-28 04:05 PM
....
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
E-E is the most controversial item in the USCIS memo which also is illegal.
[From the pdf file]
H-1B beneficiary. Under 8 C.F.R. fj 214.2(h)(2)(i)(F), it is possible for an "agent" who will not be the actual "employer" of the H-1B temporary employee to file a petition on behalf of the actual employer and the beneficiary. However, the regulations clearly require H-1B beneficiaries of "agent" petitions to still be employed by "employers," who are required by regulation to have "employer-employee relationships" with respect to these H-1B "employees." See id.; 8 C.F.R. $8 214.2(h)(l) and 214.2(h)(4)(ii) (defining the term "United States employer"). As such, the requirement that a beneficiary have a United States employer applies equally to single petitioning employers as well as multiple non-petitioning employers represented by "agents" under 8 C.F.R. fj 214.2(h)(2)(i)(F). The only difference is that the ultimate, non-petitioning employers of the H-1B employees in these scenarios do not directly file petitions.
Therefore, in considering whether or not one is an "employee" in an "employer-employee relationship" with a "United States employer" for purposes of H-1B nonimmigrant petitions, USCIS will focus on the common-law touchstone of control. Clackamas, 538 U.S. at 450. Factors indicating that a worker is an "employee" of an "employer" are clearly delineated in both the Darden and Clackamas decisions.
503 U.S. at 323-324; see also Restatement (Second) of Agency 5 220(2) (1958). Such indicia of control include when, where, and how a worker performs the job; the continuity of the worker's relationship with the employer; the tax treatment of the worker; the provision of employee benefits; and whether the work performed by the worker is part of the employer's regular business. See Clackamas, 538 U.S. at 448-449; cJ: New Compliance Manual, Equal Employment Opportunity Commission, � 2-III(A)(l), (EEOC 2006) (adopting a materially identical test and indicating that said test was based on the Darden decision); see also Defensor v. Meissner, 201 F.3d 384, 388 (5th Cir. 2000) (determining that hospitals, as the recipients of beneficiaries' services, are the true "employers" of H-1B nurses under 8 C.F.R. � 214.2(h), even though a medical contract service agency is the actual petitioner, because the hospitals ultimately hire, pay, fire, supervise, or otherwise control the work of the beneficiaries).
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug132009_05D2101.pdf
_________________
Not a legal advice.
zeldafreak
06-03 10:22 AM
can i join this battle?