dixie
03-18 10:59 PM
trouble is that labor certification is not explicitly mentioned in 406 (although that seems to be the intent). Besides, section 405 says that those with "advanced degrees" in STEM and who have been employed on NIV can directly apply for change of status subject to per-country caps .. then again there is mention of a special labor certification process for those with advanced degrees. So i think the conclusion is that while labor certification wont be done away with , there will be special handling for those with STEM degrees .. and those with 3+ years experience AND STEM degree wont be subject to per-country limits.Again, lots of ifs and buts in the whole thing .. we will have to wait and see.
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balanag
08-01 12:04 PM
FRAGOMEN SUCKS TOTALLY - but unfortunately I got no choice - my employer uses these morons for immigration services. My reasoning is based on my experiences below:
1. I have been mailing Fragomen for 3 MONTHS (YES THREE FULL MONTHS) to initiate my H1 extn 6 months prior to my visa expiry cause I had a need to travel outside the US in a short notice and I did not want to be stuck because of me not having my visa extn papers in time. Despite 5 e-mails and 5 voice mails - there was no response from FRAGOMEN. Escalated this with my company and we had a conference call to discuss this issue with Fragomen. Guess what FRAGOMEN's Client Service Manager had to say when I asked her about they not answering my e-mails and voice mails for 3 months - "I CANNOT ANSWER THIS QUESTION SINCE EVERYCASE IS DEALT DIFFERENTLY AND WE DECIDED TO INITIATE UR H1 EXTN 3 MONTH PRIOR TO UR VISA EXPIRY." WTF!!! Who the hell are they to decide on my professional/personal travel needs? I really wish I had their job - do nothing at all and when questioned say "I cannot answer that question".
2. To make sure FRAGOMEN do not mess up my 485 as well, I asked them in the same call the time they would take to process and file my 485. The client service manager promised me that they would file my AOS in 4 business days from the day they receive all the documents from me. I made sure I sent all the documents including Medical Exam results in less than 2 days from the day we had this call. Guess how long they took to file my case - 3 full weeks - 15 business days!!!!
For the kind of money they charge, the service is totally bad. FRA-DON'T-GO-MEN might be a better name these guys.
1. I have been mailing Fragomen for 3 MONTHS (YES THREE FULL MONTHS) to initiate my H1 extn 6 months prior to my visa expiry cause I had a need to travel outside the US in a short notice and I did not want to be stuck because of me not having my visa extn papers in time. Despite 5 e-mails and 5 voice mails - there was no response from FRAGOMEN. Escalated this with my company and we had a conference call to discuss this issue with Fragomen. Guess what FRAGOMEN's Client Service Manager had to say when I asked her about they not answering my e-mails and voice mails for 3 months - "I CANNOT ANSWER THIS QUESTION SINCE EVERYCASE IS DEALT DIFFERENTLY AND WE DECIDED TO INITIATE UR H1 EXTN 3 MONTH PRIOR TO UR VISA EXPIRY." WTF!!! Who the hell are they to decide on my professional/personal travel needs? I really wish I had their job - do nothing at all and when questioned say "I cannot answer that question".
2. To make sure FRAGOMEN do not mess up my 485 as well, I asked them in the same call the time they would take to process and file my 485. The client service manager promised me that they would file my AOS in 4 business days from the day they receive all the documents from me. I made sure I sent all the documents including Medical Exam results in less than 2 days from the day we had this call. Guess how long they took to file my case - 3 full weeks - 15 business days!!!!
For the kind of money they charge, the service is totally bad. FRA-DON'T-GO-MEN might be a better name these guys.
perm2gc
07-28 05:25 PM
It seems that more H4's want to work in the country which they have entered as dependents and many want to compare it with other countries but did you think what made you to bring to this country other than going to those countries.You want the immigration system to change according to you rather than you changing.If you are so frustated with the system and country better to pack the bags.This country Didn't invite you and promise you.!!!!!
No Hard Feelings..Its Reality...
No Hard Feelings..Its Reality...
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EBX-Man
03-28 01:33 PM
thanks you sir for reply but you joke joke me call obama. he president how me call him?
i asking eb3 get spilllower july when spilllower coming. means how much spillower eb3 get in this july 2011. i think eb3 green card for myselves and family when sopillovwer comwe
i asking eb3 get spilllower july when spilllower coming. means how much spillower eb3 get in this july 2011. i think eb3 green card for myselves and family when sopillovwer comwe
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vchenna
07-26 02:56 PM
GURU's:)
I m Employee of company "A" have a valid H1-B till 2008.
I came to company "B" through company "A" acquisition. I left company "B" in March 2007 and joined some other company( "C" ) on H1 B.
Question is- I have a project now and wanted to get back as a employee of "B".
Will company "A"' H1-B be valid? Or do we have to do a H1 B transfer ?
Please suggest :mad:
Thanks
I m Employee of company "A" have a valid H1-B till 2008.
I came to company "B" through company "A" acquisition. I left company "B" in March 2007 and joined some other company( "C" ) on H1 B.
Question is- I have a project now and wanted to get back as a employee of "B".
Will company "A"' H1-B be valid? Or do we have to do a H1 B transfer ?
Please suggest :mad:
Thanks
gcformeornot
03-20 06:56 PM
I have had this query before. I had an H1B stamping on my passport for a company I never worked for. (Company A)
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
not be as simple as H1 renewal. G325 is pretty important form. The information provided on it is wrong. They could treat it as falsifying document.
OP please contact your lawyer asap.
But, when I applied for a H1B for a different company (Company B). My lawyer asked me if I ever worked for them and received any salary from them ... this was a RFE on my H1B case.
All I did was replied to my lawyer with a negative answer to both questions (worked, salary for Company A).
I got my new H1B approval I guess within 30 days of that RFE reply.
You might want to contact a lawyer to draft a reply to USCIS though. I do not have a copy of the letter to provide to you ... Sorry!
not be as simple as H1 renewal. G325 is pretty important form. The information provided on it is wrong. They could treat it as falsifying document.
OP please contact your lawyer asap.
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waitnwatch
05-30 06:34 PM
According to thomas this amendment was ordered to "lie on the table". So there isn't much to celebrate:( :( :(
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johny5278
06-19 03:23 PM
hey
I didnt mean to offend you... i really appreciate the awareness (and hope) that you have brought to this issue.
I apologize if my selection of words have hurt you or anybody else in this forum.
I didnt mean to offend you... i really appreciate the awareness (and hope) that you have brought to this issue.
I apologize if my selection of words have hurt you or anybody else in this forum.
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rpatel
07-19 12:16 PM
Yes, I used to say like this five years back when I had time and age in my hand. I assume you are in early or mid 20's. I will put it differently for you.
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
Assume there is a big pond which starts from 1 feet and gradually increases up to 100 feet. People with one year work experience steps 0.5 feet. There are life jackets(GC) floating around the pool and whoever is lucky is picking it up. There are guys like me who are already in 5th-6th feet deep without finding the lifejacket, but we are sure if we go further, may be 3-4 feet more we WILL find it. There are guys who are lucky to find a life jacket at 1,2,3 feet also and happily float to the shore passing us. The fifth feet guy is practically seeing how the 6th and 7th feet guys are struggling. May be they are seeing some one in 8 feet to 10 feet. Now a big Tsunami (retrogression) comes and drags all the jackets 20 feet down further. These guys are dejected and some of these guys even pull their spouse/kids in one hand when they float/swim.
Dont forget, it takes one year to step 0.5 feet. Every year the pond management drops a fixed number of jackets. These guys keeps their hope alive based on the above fact. But these guys are seeing some kids passing in motorboat(LC Substitution) paying that guy 10K and getting a life jacket. Hmm pain, but even if I had a chance I would have also done it.
Now comes your saying. When the deepest s...t guys talks about their fate down the line and how to take their family safe ashore, a guy at 0.5/1 feet shouts saying "Dont give up, it is like deciding to take a sanyas because you are tired of dealing with social issues".
If you are in 5+ feet, I take your statment. Otherwise, you will not understand what I am trying to say until you reach 5+ feet without finding a life jacket and also pulling your family in one hand and seeing your seniors struggling more in 8+ feet. :)
NOTE: BTW, no offense. I thought to express what I am saying in different way. I understand what you meant. Cheers.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
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TheOmbudsman
11-08 11:27 AM
Yes, I mean, eventually they would get their citizenship. It takes few years, but they will get there.
Are you sure it is possible to sponsor your nieces, uncles etc if you are permanent resident? Don't you have to be a citizen to do that? I always thought you have to be a citizen to do that.
Are you sure it is possible to sponsor your nieces, uncles etc if you are permanent resident? Don't you have to be a citizen to do that? I always thought you have to be a citizen to do that.
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Madhuri
03-06 12:01 PM
I received the same response. I am in for contribution.
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perm2gc
07-28 05:25 PM
It seems that more H4's want to work in the country which they have entered as dependents and many want to compare it with other countries but did you think what made you to bring to this country other than going to those countries.You want the immigration system to change according to you rather than you changing.If you are so frustated with the system and country better to pack the bags.This country Didn't invite you and promise you.!!!!!
No Hard Feelings..Its Reality...
No Hard Feelings..Its Reality...
more...
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supreet
05-21 05:00 PM
Thanks IV!!!
- s
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amitjoey
04-09 04:59 PM
This feels good to see people helping out a complete stranger. Never saw such camaraderie elsewhere.
Yes, thats what IV is. We stand together.
Yes, thats what IV is. We stand together.
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Almond
07-03 06:45 PM
Well, I just made my third call and the lady sounded quite confident that applications that have been received and are in processing are not affected by this and it's only NEW applications that would be coming in after July 2 that are affected. I understand what you're saying that they don't assign it but I have read before that they "assume" each application qualifies unless they eventually figure out otherwise. And now I am making my own assumption that if they assume it qualifies then it's assumed a visa is indirectly assigned? Wait, I'm confused:D.
I've noticed that it's hard to get someone who can sound like they are really sure of the information they're giving you. I wonder if they're reading from something or just guessing sometimes. i shouldn't have to use the internet to get my information, they should be the #1 information center, and they can't even do that.:(
I've noticed that it's hard to get someone who can sound like they are really sure of the information they're giving you. I wonder if they're reading from something or just guessing sometimes. i shouldn't have to use the internet to get my information, they should be the #1 information center, and they can't even do that.:(
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x1050us
09-26 10:11 PM
I got a reject for missing/incorrect fee. Any one out there?
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kalyan
05-11 09:15 PM
If your planning to go to Court, then gather the names from every body.
I will contribute my buck and names for this.
I will contribute my buck and names for this.
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senthil1
06-20 10:32 AM
If bill is passed Senate in 2007 it will pass current form for H1b. There is possiblity for failing of the bill is 75% now. Also even if Cantwell amendment is passed that will give relief only to high tech companies not for Hospitals or Health care. There is no other amendment other than Cantwell for H1b or GC relief in Senate
Only unknown is how House will handle. Now house is confident that Senate will not pass CIR(Infact house members think they can escape from this hot button issue)
But I am almost certain that Most persons who file I485 within next 6 months will get GC within 1 to 5 years whether CIR is passed or not.
is UNLIKELY to pass at least in its current form. Public hospitals, underserved area clinics, Universities are not Google and Oracle!!! They'll go under if they have to pay 5000 $ for H1Bs. People probably don't have the faintest idea under what kind of financial strain these are. There will be exemptions for universities and non-profit organizations.
Only unknown is how House will handle. Now house is confident that Senate will not pass CIR(Infact house members think they can escape from this hot button issue)
But I am almost certain that Most persons who file I485 within next 6 months will get GC within 1 to 5 years whether CIR is passed or not.
is UNLIKELY to pass at least in its current form. Public hospitals, underserved area clinics, Universities are not Google and Oracle!!! They'll go under if they have to pay 5000 $ for H1Bs. People probably don't have the faintest idea under what kind of financial strain these are. There will be exemptions for universities and non-profit organizations.
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pitha
05-31 10:49 AM
You are right but unfortunately history has thought us that when it comes down to GC versus H1b everybody is willing to throw GC under the bus to get H1b provisions.
This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.
a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.
Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
This current bill is no exception, h1 increased from 65,000 to 115000 with triggers to increse it to 185000, but no provisions for green cards.
a exclusive emendment with GC will be the only way out. nobody is offering such amendment and if somebody offers it might be ordered to lie on table.
Text of almost all filed amendments is available in congressional record on Thomas. This one has been available since Friday.
S.A. 1249. Sponsored by Maria Cantwell and co-sponsored by Cornyn, Leahy and Hatch
It creates a parallel merit-based employer sponsored category without touching the existing merit-based self-sponsored category.
The merit based self-sponsored category is the crappy points system. This is in parallel to that, without touching anything in points system. They have created an exact parallel replica of today's EB1, EB2 and EB3 system with labor certification and the whole enchilada where you need employer sponsor and there is not points or anything.
EB1 = 33.3%, EB2 = 33.3% and EB3 = 33.3%. Definiation of EB1, EB2 and EB3 would be the same as it is today.
Total quota of 140,000 with automatic recapture of previous years unused GCs.
Exemptions for US masters and non-US STEM masters with have 3 years experience in that STEM field.The risk factor:
Now, the bad part ... the achilles heel of every high-skills amendment is the tethered H1B quota tricks. They are exempting everyone who has US masters or a non-US master in STEM from H1 quota, effectively making H1 quota = A LOT MORE.
The exact same radioactive provision for H1 quota is also in Lieberman-Hagel amendment 1242.
This will sink both of them unless either there is some inside deal going on that we dont know, or they strike out the H1 issue from this on the floor of the senate at the last minute and be content with H1 quota of 180,000.
diptam
06-26 02:04 PM
What do we do now ??
Do we have an advantage even after filing 485 ??
Do we have an advantage even after filing 485 ??
immique
03-21 11:49 PM
I am new to the site and have been reading these posts and I have very little knowledge regarding the greencard processing. But as far as I know, law is not clear in this matter and this results in different interpretations by different people. There is also little scope for any law suit as the State Dept is the ultimate decision maker in these issues. see section 202 of INA Act
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
"(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed"
Also it is not clearly explained if EB categories take preference or country limits have preference over EB categories. The State Department can clearly argue that EB2 is entitled for 28.6% of total EB visas and per country limit does not apply as EB2 category still has unused visas left for use this quarter and they intend to maximize the use of total EB2 visas available. I think we should all stop arguing(because in the end it will not change a thing) about who should get the first chance at Green card and pray for all those friends who have been waiting for years and sincerely hope that their wait ends soon. Instead we should concentrate on how we can help each other and see about how we can improve the process
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