CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
sobers
03-29 04:06 PM
This should provide some food for thought for any standalone bill for skilled, legal immigrant reform, if it comes to that.
With the contrbutions high skilled (EB) immigrants make to the country's innovation and competitveness, the much needed science and math skills they bring, and the high taxes they pay, it is clear such immigrants are a net gain to the economy.
=--------------
WALL STREET JOURNAL
March 27, 2006, 3:10 pm
The Numbers Behind the Numbers
As Congress debates legislation that would double the number of visas available for highly-skilled workers, Census officials release numbers highlighting contributions by Asian-born immigrants to the U.S. economy.
Of the 14 million Asians in the U.S., half of those over age 25 have at least a bachelor�s degree and 20% have a master�s degree or higher � the highest education level of any racial group.
Median family income, at $57,500, also is the highest, with half of Asian Indians earning $69,000 or more. Asians owned 1.1 million owned businesses in 2004, up 24% since 1997, the Census Bureau fact sheet said.
High tech executives have been lobbying heavily for an increase in the visa cap for high-skill workers, a majority of whom are Asians. All four versions of the immigration bill now before the Senate would double the number of so-called H1B temporary visas to 115,000 and also double the number of employment-based green cards to 290,000. Exemptions from those limits for students currently working on science and technology degrees in the U.S. � most of whom also are Asian � would increase high-skilled immigration still further if any of the bills becomes law.
�June Kronholz
With the contrbutions high skilled (EB) immigrants make to the country's innovation and competitveness, the much needed science and math skills they bring, and the high taxes they pay, it is clear such immigrants are a net gain to the economy.
=--------------
WALL STREET JOURNAL
March 27, 2006, 3:10 pm
The Numbers Behind the Numbers
As Congress debates legislation that would double the number of visas available for highly-skilled workers, Census officials release numbers highlighting contributions by Asian-born immigrants to the U.S. economy.
Of the 14 million Asians in the U.S., half of those over age 25 have at least a bachelor�s degree and 20% have a master�s degree or higher � the highest education level of any racial group.
Median family income, at $57,500, also is the highest, with half of Asian Indians earning $69,000 or more. Asians owned 1.1 million owned businesses in 2004, up 24% since 1997, the Census Bureau fact sheet said.
High tech executives have been lobbying heavily for an increase in the visa cap for high-skill workers, a majority of whom are Asians. All four versions of the immigration bill now before the Senate would double the number of so-called H1B temporary visas to 115,000 and also double the number of employment-based green cards to 290,000. Exemptions from those limits for students currently working on science and technology degrees in the U.S. � most of whom also are Asian � would increase high-skilled immigration still further if any of the bills becomes law.
�June Kronholz
rskanth
08-18 12:25 PM
It takes average 3 - 6 months for I-140 to get approved(I got it in 40 days), but like lot of other people i am stuck with retrogression :(
yestogc
05-21 12:02 AM
This debate is very old one and no one talks about the refinement of EB GC process
more...
ita
11-29 03:11 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I changed my address online and confirmed my address with cSR.
I didn't send AR-11 form though.
I didn't get any confirmation mail for address change to the new address..
Is this fine?
Please advice.
Thank you
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I changed my address online and confirmed my address with cSR.
I didn't send AR-11 form though.
I didn't get any confirmation mail for address change to the new address..
Is this fine?
Please advice.
Thank you
sumanitha
08-03 10:18 PM
Sorry, the day I got the receipt number and the number you have given, there is only a difference of 900+.
So it may not correct.
So it may not correct.
more...
gceb3holder
02-27 09:19 AM
Glus
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
saurin
02-08 04:32 PM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
more...
mpillai
05-08 09:40 PM
Many qualified for EB1 need not necessarily be already in EB1.
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
akred
05-26 07:27 PM
I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
more...
taureanstud
01-02 04:11 PM
Folks,
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
phillyag
02-12 04:02 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
In that case can I move to EAD in the given situation ( as above) ?
more...
anirudh74
05-06 12:24 PM
Expect wait time of 3-4 years.
sundarpn
04-30 07:05 PM
You can change via H1-b transfer and H4 will be valid. You 485 should be valid due to AC 21.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
Now, the question is when dates do become current, and you want to file a dependent 485, will any support be needed from your old employer with whom you started your GC process?
Can the primay file this himself with just his 485 receipts.
more...
tabletpc
03-18 01:40 PM
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
crsna
12-21 09:26 AM
Hello, I live in Indianapolis and i would like to be a part of the Indiana Group. Please count me in whenever you are meeting
more...
IneedAllGreen
09-22 10:45 PM
I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
kumar1
10-10 01:40 PM
Sorry, I am already married. :rolleyes:
Marry me...i like funny people......
/thread
Marry me...i like funny people......
/thread
mk26
05-24 09:14 AM
Nobody wants to 'predict'? Or people are interested only in seeing the real data!
click below to find information you reqested:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-63.html
click below to find information you reqested:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-63.html
newyorker123
12-22 03:42 PM
Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.
Please share if anyone has any idea one this
Thanks
-MK
check with your attorney whether they checked the option of upon approval of I-129 petition send a copy to KCC (kentucky consular center), if they did you are safe. To my understanding Electronic copy of your I-797 is visible to all cousulates thru a copy at KCC.
Please share if anyone has any idea one this
Thanks
-MK
check with your attorney whether they checked the option of upon approval of I-129 petition send a copy to KCC (kentucky consular center), if they did you are safe. To my understanding Electronic copy of your I-797 is visible to all cousulates thru a copy at KCC.
ImmiRam
09-08 05:16 PM
Hi all,
I know the Forums are still pretty active but is the IV Organisation itself still active?
I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.
Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.
If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!
I know the Forums are still pretty active but is the IV Organisation itself still active?
I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.
Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.
If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!