hopefull
07-06 09:13 PM
Hopeful has a valid point when it comes to sending flowers to USCIS. I am not sure that will make any difference . Flowers will not change USCIS overnight but will get us some good media publicity .Yes when it comes to american or any other politics , money is an important factor and if you can hit money, all issues can be resolved. I wish India one day becomes such a prosperous country that immigration no longer is lucrative for Indians and none of our generations to come have to go through all this mess !!!!!!:D
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
Thanks MBA - finally some body educated and sees seye to eye with me ..not on of those blue collar workers of the white collar industry
wallpaper Tagging Friends
dreamworld
09-27 10:35 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
senocular
02-03 07:43 AM
so wait, is it different now? ... Im lost, what changed?
2011 How to tag friends on your
longq
12-26 03:19 PM
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
more...
desi3933
07-19 04:14 PM
No I am not his agent. We were expecting this information from some credible source. I did not know your wife runs and maintains a web site when she get time off from her AmWay/QuickStar business. I am referring to ---- http://www.assureconsulting.com/faqs/h1b_transfer.shtml
Thanks but in future please lead us to govt/fed web sites. Now from here onwards, I am not going to reply to your notes, you simply do not deserve it!
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
Thanks but in future please lead us to govt/fed web sites. Now from here onwards, I am not going to reply to your notes, you simply do not deserve it!
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
chumki
12-17 07:46 PM
I know the RD (which is printed in our paper receipt - ie day when USCIS received your application, and not the date when USCIS mailed your the receipt) is when the 180 day clock gets started.
more...
drona
09-20 06:57 PM
Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
2010 For tagging friends what you
YesGC_NoGC
12-12 01:24 PM
boreal
why not India ?
why not India ?
more...
ramaonline
08-27 09:44 PM
You must send 2 photos when you file I131 online - This link has all details
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3be194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
The mailing address can be found in the confirmation receipt
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3be194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
The mailing address can be found in the confirmation receipt
hair Friends you tag in your status
enggr
09-28 01:47 AM
I thank everyone for taking interest in my case and giving valuable advices.
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
more...
aadimanav
05-15 04:09 PM
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field... (Introduced in House)
HR 6039 IH
110th CONGRESS
2d Session
H. R. 6039
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2008
Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. CONYERS, Mr. CARTER, Mr. GEORGE MILLER of California, Mr. SHADEGG, Mr. HONDA, Mr. TOM DAVIS of Virginia, Ms. ESHOO, Mr. GILCHREST, Mr. KENNEDY, Mr. REICHERT, Mr. CAPUANO, Mrs. MALONEY of New York, Mr. CROWLEY, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. LORETTA SANCHEZ of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. UNITED STATES EDUCATED IMMIGRANTS.
(a) Aliens Not Subject to Direct Numerical Limitations- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.'.
(b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--
(1) by striking `or' after `203(b)(2)';
(2) by inserting `, or 201(b)(1)(F)' after `203(b)(3)'; and
(3) by striking `Attorney General' and inserting `Secretary of Homeland Security'.
HR 6039 IH
110th CONGRESS
2d Session
H. R. 6039
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2008
Ms. ZOE LOFGREN of California (for herself, Mr. CANNON, Mr. CONYERS, Mr. CARTER, Mr. GEORGE MILLER of California, Mr. SHADEGG, Mr. HONDA, Mr. TOM DAVIS of Virginia, Ms. ESHOO, Mr. GILCHREST, Mr. KENNEDY, Mr. REICHERT, Mr. CAPUANO, Mrs. MALONEY of New York, Mr. CROWLEY, Mrs. TAUSCHER, Mr. SMITH of Washington, Mr. MCDERMOTT, Ms. LORETTA SANCHEZ of California, and Ms. LINDA T. SANCHEZ of California) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. UNITED STATES EDUCATED IMMIGRANTS.
(a) Aliens Not Subject to Direct Numerical Limitations- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree.'.
(b) Procedure for Granting Immigrant Status- Section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) is amended--
(1) by striking `or' after `203(b)(2)';
(2) by inserting `, or 201(b)(1)(F)' after `203(b)(3)'; and
(3) by striking `Attorney General' and inserting `Secretary of Homeland Security'.
hot around tagging friends in
RajForGC
06-07 12:10 PM
EB3 140 is already approved on Jan 2006, we re-applied 140 again on EB2 but got the Priority date of EB3 for EB2 of Sep 2005. But I Think priority date is only for Labor not 140, so my 140 for EB2 is still May 21 isn't it?
more...
house funny photos to tag friends on
doggy
07-21 02:52 AM
Check http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html
Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm
How to Post for Maximum Impact
Conference Call tomorrow night, 7:15pm Central
Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.
This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.
Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."
Scheduled Conference Date: Tuesday, July 21, 2009
Scheduled Start Time: 07:15 PM Central Daylight Time
Scheduled End Time: 07:55 PM Central Daylight Time
Type of Conference: Standard
Dial-in Number: 1-219-509-8111
Participant Access Code: 798504
Reservation:
NO, just dial in at 7:15pm Central
Text of Email Sent Last Week:
This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).
Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).
Here's some talking points on corporate protections affored by visa programs:
* The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
* Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
* American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
* Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
* It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
* If these companies were required to seek local talent first, these shakedowns would virtually disappear.
* The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.
Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.
Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.
Donna Conroy
Director
www.brightfuturejobs.com
dmconroy@sbcglobal.net
Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm
How to Post for Maximum Impact
Conference Call tomorrow night, 7:15pm Central
Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.
This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.
Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."
Scheduled Conference Date: Tuesday, July 21, 2009
Scheduled Start Time: 07:15 PM Central Daylight Time
Scheduled End Time: 07:55 PM Central Daylight Time
Type of Conference: Standard
Dial-in Number: 1-219-509-8111
Participant Access Code: 798504
Reservation:
NO, just dial in at 7:15pm Central
Text of Email Sent Last Week:
This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).
Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).
Here's some talking points on corporate protections affored by visa programs:
* The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
* Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
* American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
* Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
* It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
* If these companies were required to seek local talent first, these shakedowns would virtually disappear.
* The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.
Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.
Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.
Donna Conroy
Director
www.brightfuturejobs.com
dmconroy@sbcglobal.net
tattoo your friends with the most
sgupta33
01-11 01:47 PM
-----
more...
pictures Tag friends on Merry Christmas
PHANI_TAVVALA
04-29 01:52 PM
Typhoon costs about $135M a piece
Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)
Rafael costs close to $100M.
India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.
Eurofighter Typhoon - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Eurofighter#Costs)
Rafael costs close to $100M.
India definitely needs a F-22 like aircraft considering the Indian AGNI-3 is still not operational and there is no proper long-range nuclear weapon delivery medium. Sukhoi's and Mirage's are no F-22's.
dresses tagging friends on these
johnamit
07-17 09:34 AM
Most of the July filers have 140 approved and working in a full time job.So I think there will be little impact.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
thats not necessarily true, there are lots of people with consulting firms including myself, however these are big consulting firms with 1000+ employees. I see fewer applicant from smaller companies.
more...
makeup The enhancement makes tagging
optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
girlfriend 2010 Would Want To Tag Friends
gc_kaavaali
12-28 06:15 PM
Hi logiclife,
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Are you suggesting to be on H1 if you don't complete 6 years? In my case i have been on h1 for 4.5 years....i have EAD....I may use EAD because if my 485 rejected then i can fall back on H1 (by going out of country or something else)...
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
hairstyles tag friends in your status
factoryman
06-19 11:03 PM
To get better audience and better response, please post in the appropriate thread. May be a PERM or LC thread.
This one is to rip attorneys and their creed.
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
This one is to rip attorneys and their creed.
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
mhathi
09-21 01:18 PM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
:D Macaca strikes again with his arsenal of quotes!!
This is a nce one though. You must have a lot of reading under your belt.
Cheers!
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
:D Macaca strikes again with his arsenal of quotes!!
This is a nce one though. You must have a lot of reading under your belt.
Cheers!
mihird
09-14 11:04 PM
hm... So why are you here, in Immigrationvoice ???
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
I too like everyone else on this board am in this seemingly endless EB queue (6th year in the GC wait). I was just trying to send a message to folks out there that carve your life based on what you want to do, and if you can do what you want to do, just take it a bit easy and don't miss out on the fun things in life while this wait persists.
I have gotten to the 2 houses and 2 jobs all the time while being on a H1 is because I never put my life on hold because of the GC wait. Just had faith in my qualifications and skills, and the confidence to be able to find a H1 job in case of a job loss.
Sure enough, I had a job loss last year and here I am - back on my feet in 2 months - found another H1 job and am making more money than the previous job. Only thing, is my PD got reset and the wait will get even longer...it is still not going to stop me from moving forward...I have more plans for the next 2 years including possibly starting a business with a US citizen partner. Am currently looking into the possibility of filing a 3rd concurrent H1 for that.
Moral of the story, don't put your life on hold because of the GC wait....GC is not in our hands...why worry so much about something on which we have very little control over. Too bad, this government doesn't care about this massive highly skilled workforce and are treating us so bad. That shouldn't stop us from living life at our terms (for the most part of it).
What we can control is our destiny and as long as we worry about that and give that a proper direction...GC or no GC...doesn't matter so much..
