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
07-09 04:34 PM
I sent the pdf and a write up to reporters in my local area.
kshitijnt
07-09 02:02 PM
Dear Friend:
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
Attached is the AC21 memo. Good luck. In my opinion, it clearly allows Self Employment.
Set up a LLC company or sole proprietorship and work with an attorney. Keep the paperwork tight and upto date. If permanent offer is hard to come by , you got to do what you got to do in a legal way :) All the best!
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rockstart
08-20 08:59 AM
My final update on I485 journey
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
PD: Feb 27, 2006
Class: Eb2 India
Service Center Texas
Filed Aug 10th 2007
RFE Aug 16th 2008 for Birth Certificate
CPO email Aug 4th 2010
Decision email Aug 5th 2010
Approval I 797 letter in snail mail Aug 9th 2010
Post Decision Activity email Aug 11th 2010
Soft LUD on I 485 Aug 12th 2010
Welcome Letter in snail mail Aug 16th 2010
Physical Green Card Aug 18th 2010
PS: I did NOT open any SR or contact seneator or ask lawyer to get in touch with USCIS. Just waited patiently. Did my Finger Printing in October 2007. No FP after that did paper filing for EAD & AP so no FP for those as well. My advise is to hang in there. Not to open too many SR's but thats entirely upto your discretion. Some people swear it helped them for my case I did not use that option.
Hope this date line helps those who are waiting for their cards. Good luck to every one on forum. I will still be supporting IV and contributing to Wiki as always.
more...
SunnySurya
08-18 01:51 PM
Now again any volunteers for the letter we have been talking about?
Green.Tech
03-25 10:19 PM
I tried doing that. Convinced the employer to file a new labor for a new position, advertized again, filed a new labor under PERM, applied for a new I-140 and waited for a year for approval ... now the I-140 has been denied for A2P and is under appeal; I must confess that I have lost hope that it'll get re-opened and approved.
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Good point, gene. Folks think that switching to EB-2 is easy enough...not really...esp. with no PP for 140...It can take years to convert in the present situation...and a lot of companies are not interested to file second labor or 140...
Hang in there mate...
So all my efforts for getting a EB2 140 have failed.....what do you recommend, I start this entire process again. Even if I'm willing to bear the cost, the employer will not file yet another labor.
EB3 wait is my only way out now......
thanks
Good point, gene. Folks think that switching to EB-2 is easy enough...not really...esp. with no PP for 140...It can take years to convert in the present situation...and a lot of companies are not interested to file second labor or 140...
Hang in there mate...
more...
akhilmahajan
02-11 04:36 PM
Bump...........
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gc_on_demand
05-01 03:06 PM
Adding dependents/derivative is based on primary�s PD and app status.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
Challenge me with a scenario that will have an issue. If someone doesn�t have H4 they will be affected anyways. They will not have additional impact due to this.
Please read INA, I485 application and current VB.
I personally believe none will be affected and left too behind (yes, they will be delayed a bit, they will have AP/EAD to hold on to).
(1) I am on H1b and wife on H4 . I have PD of Jan 2008. Now In july 2009 VB shows Eb2 india with PD of Mar 2008 and F2A with Jan 2005. I will be able to file for 485 will my wife can file 485 ?
(2) If she cannot file and what if my company insist me to be on EAD and resufe to extend my H1b. What will be status of my wife.. ( Assuming she didnot file AOS while I did ).
(3) What will be her category or status if I am lucky and get GC in 2 months since my date become current ?
I think just simply saying use FB quota for dependent doesnot make sense. We need to have answer to this. I agree that Law allows INS to use FB qupta for dependent but at same time so many other restriction prevent them to use it. Like dead lock condition.
more...
aka
06-18 12:23 PM
I-140 already approved, I-485 details (same for both me and my wife):
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
Mailed to NSC on May 31st.
Received at NSC on June 1st (I think... never took tracking# from attorney).
Receipt Date - June 04
Notice date - June 07
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indyanguy
09-26 12:58 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
more...
anukcs
09-30 03:13 PM
I'm currently on my 4th EAD & AP, and I used AC21 twice so far to switch jobs (similar job descriptions, including the specific technologies I worked on). On both occasions, I have not informed USCIS. My attorney said one is not legally required to do so, and that we could respond if there is any RFE.
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
But I also know that there are lot of attorneys out there who recommend informing USCIS about the job change. I don't personally know of anyone who have used AC21 and went on to get the green card, so I can't really tell which approach is better. In either case, make sure to have all relevant paper work with you - specifically the experience letters from old employers with proper job descriptions.
As for the salary increases when changing jobs, I did talk to more than one attorney about this. And what I heard consistently was that higher salary is not as much of a problem as lower salary could be. In my case, I had salary increases of more than 30% each time I changed jobs, and I am doing fine so far. Whether that becomes a problem for me or not, I will deal with it when it happens.
I traveled out of the country a couple of times using AP. On my return to US, at the port of entry (SFO), I was asked if I still worked for the company that originally sponsored my GC application. I told them I changed employers using AC21, and that I was not legally required to inform USCIS about the job change. And they let me go without causing any trouble. Not sure if anyone else had different experiences in such case, but the immigration officers at SFO seem to be somewhat easier to deal with (assuming you haven't done anything wrong, of course).
I did have trouble with AC21 once. I ended up having a gap between my 2nd and 3rd EADs (so did my wife too), as we tried to do too much 'optimization' of EADs. Well, we learned the hard way that 'optimization' effort is bad, as both of us had to stop working during the gap. It's not a very pleasant feeling having to explain our respective employers that we had such issue. We lost money too, as we couldn't be legally paid during the gap - in addition to the unnecessary stress. I wish USCIS issues EADs with longer validity period - something like 3 years (but I once heard Aman say that they couldn't do so due to a software glitch in their system!!). In any case, we are now filing for EAD renewals well in advance of the current one's expiry.
Other issues with AC21 that we faced are things like having to pay for EAD and AP renewals every year, which is quite expensive. I guess you could negotiate this with your new employer when changing jobs. And the sheer inability to change your job roles or take on more responsibilities (on paper too!) is frustrating, but that is more of a lengthy GC processing symptom than an AC21 issue.
All things considered, I think AC21 is good. It's got it's set of issues, especially if you don't use it wisely, but it at least lets you have some kind of progress in your careers. The way I see it, if there is no career progress, I can at least make more money. You got to gain something over years of waiting to keep you going!
Thanks for the info. How early we should renew the EAD? TIA. anukcs
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gc4me
04-24 11:29 AM
Another silent deshi employer here trying to scar H1s not to sue. I guess he created his ID (Join Date: Apr 2008) just for this.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
Go and create another website in favour of deshi blood su&^%$rs called reverse-IV.org. Don't try to mock here.
Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.
more...
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abq_gc
08-18 01:11 PM
why cant we just file a lawsuit ??? What's stopping us from doing that ?
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dish
12-10 01:31 PM
I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.
more...
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sanjay
02-10 02:42 PM
As promised, I am contributing another $25.00 as $1000.00 has crossed. (Cheque has been posted)
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
I will again donate another $25 when we cross $2000.00
Comeon folks, we can do it.
So far...29 contributions only.....
GCCovet
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
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wait4ever
08-20 11:33 AM
delax,
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
What is your service center?
Below are the details for self and spouse
Aug 13 - soft LUD
Aug 14 - Approval notice sent
Aug 15 - soft LUD. status is still Approval notice sent
My service center is TSC.
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
more...
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MM_67
02-01 02:20 PM
Agree to all of them. but biggest thing to beat them all above in US is Medical insurance. you can live here in this country as long as everything is going well.
Talk about the Job situ, if you are out of job for a month, its a hell..but not in India.
Yes I agree with you...We can get easy doctor appointment at any location on any time and not to wait for days like here.
Talk about the Job situ, if you are out of job for a month, its a hell..but not in India.
Yes I agree with you...We can get easy doctor appointment at any location on any time and not to wait for days like here.
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pd052009
02-01 02:20 PM
Contributed $100.00/-
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crystal
07-11 11:24 AM
I liked the burning photocopies idea very much .This will surely work.
Please share if you come up with innovative ideas to make these rallies a huge success.
Please share if you come up with innovative ideas to make these rallies a huge success.
november
07-02 11:26 PM
I was plannig to go to Canada to take care of the landing formalities, but happened to visit this website, http://www.notcanada.com.
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
The details provided in the site is really scary. Though we keep Canadian PR as back up, after seeing this, I am wondering do I really need to go for landing.
Can someone validate the details provided in notcanada.com
seahawks
09-23 08:13 PM
I guess one strategy would be only to file for principal applicants, get green cards, become citizens and then sponsor dependents would be a faster route than waiting through the EB route:) Just kidding.
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