DOMBOSKO
04-14 11:43 PM
H-1B crisis: Cisco has 1,504 U.S. job openings to fill
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
http://www.networkworld.com/community/node/26583?nlhtcisco=rn_040408&nladname=040408
wallpaper funny sayings and quotes about
Slave_2k
11-30 11:33 PM
Hi Pappu!
First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.
Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.
If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?
Can you please try to get the answer for that?
GO IV!!
- Modern SLAVE
First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.
Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.
If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?
Can you please try to get the answer for that?
GO IV!!
- Modern SLAVE
lfadgyas
04-16 04:42 PM
:cool: Yeah, wait till the next one.
2011 short funny quotes about life.
RandyK
02-21 03:34 PM
Any ideas about EB3 ROW movement in the coming months?
I know you have connections in high places....
:D:D
I know you have connections in high places....
:D:D
more...
pappu
12-31 01:48 PM
I think as a next step I will contact my Congressman after the Feb dates are released and we are still current. Do you know if it makes more sense to approach Congressman or Senator for this ? Also should I approach only 1 rep like 1 Congressman or approach both my district congressman and 2 state senators ?
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
We are even more screwed because since our dates are current we can not even get 2 Yr EAD or 3 yr H1 extension but you have to renew both annually.
Please share your experiences.
1) It all depends on where you live and who is your lawmaker. You need to look at lawmakers profile. Are they in any committee etc?
2) If you have already established good relations with the office due to IV work, it may become easy. Since you are an old IV member, and you may have already visited their office for state chapter work,IV action items and made calls, you may contact them now for your application status.
krishmunn
11-20 09:56 PM
If its money that lures them into action, so be it. At this point, the situation is so desperate anything that moves the queue quicker is fine by me.
Definitely it is fine for "you" but not for many others. That's why many oppose it.
Why people are apprehensive ... the same reason why the very same people demanding for a special quota are apprehensive that Illegals will be placed before them pushing them further down the queue.
And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)
Definitely it is fine for "you" but not for many others. That's why many oppose it.
Why people are apprehensive ... the same reason why the very same people demanding for a special quota are apprehensive that Illegals will be placed before them pushing them further down the queue.
And if it plays by money may be have an auction for GC ... highest bidder gets it first ;)
more...
desidude
06-19 01:48 PM
Akhil,
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
Can you pls send me a copy too? thanks in advance!
Check your PM. This is what i sent.
2010 pictures sayings about life;
ilwaiting
12-12 02:18 PM
hehe check this out. New EB category. With PD Sep'06.
Iraqi & Afghani Translators.
Very Funny.
Iraqi & Afghani Translators.
Very Funny.
more...
imh1b
11-12 09:16 AM
Visa bulletin is coming today
hair funny quotes about life
eilsoe
02-10 01:46 PM
I'm starting to believe Soul will win this one...
more...
vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
hot pictures funny sayings and
lazycis
01-26 05:44 PM
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Sec. 413 (a)
��(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H�1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." The employer will not be able to get anything from you. Again, it does not matter whether you sign it or not, the clause has no legal power.
more...
house funny sayings and quotes for
GCAmigo
07-13 04:19 PM
DREAM is only for Illegals!
tattoo funny life quotes and sayings.
howzatt
07-19 09:58 AM
The skin test is mandatory. Also, your blood test results might take a day or two. I really dont think you have any option but to ask her to come back a few days early.
more...
pictures funny quotes and sayings about
JazzByTheBay
10-06 04:48 AM
Why do fingerprints matter so much?
As long as you already have the interim benefits - the EADs & APs - taken care of, what's the significance of FPs?
jazz
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
As long as you already have the interim benefits - the EADs & APs - taken care of, what's the significance of FPs?
jazz
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
dresses short funny sayings and quotes
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
more...
makeup Funny Sayings, Life Quotes
willwin
06-12 11:02 AM
Can we have some update at 11 AM ?
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
Looks like they are talking about unemployment now ....
I guess it is 11 am EST, correct?
girlfriend funny sayings and quotes
anandrajesh
12-13 03:11 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Another one to add fuel to our burning fire. :(
It is not ethical to use Labor substitutions, but an effective way to bypass the long queue ahead of you.
all i want to say to you is, Beware of Desi Companies. Good Luck.
hairstyles sayings and quotes about life.
days_go_by
01-31 12:59 PM
Guys - why is the Hike in immigration fees conciding with strong opposition to funding of the Iraq War.....These funds may well go to Iraq....as Bush is not able to garner support for additional funding from congress.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
--------
No, most of those funds will go to sister agencies like ICE to catch illegal immigrants, they will not go towards expediting processing, improving efficiency of USCIS.
01/31/2007 08:00 a.m: USCIS Proposed New Filing Fee Schedules to be Published Tomorrow
* The controversial proposed new filing fee schedules will be published in the federal register tomorrow with 30-day comment period. It is anticipated that the agency may be flooded with the comments from the immigration stakeholders and public during the period. One of the issues that may be raised is the basis of calculation of fees, to wit, whether it is required to cover the increased cost for the processing of the immigration benefits applications as caused by the inflation or, as reported in the CRS, most of the fee funds will be generated to fund the other divisions of the DHS such as ICE and CBP. For the CRS report, readers may want to reread our posting on December 22, 2006 in our Archive XIV. If it is the latter, there is a room for substantial dabate in the Congress, the DHS oversight authority, and potential lawsuits. Please stay tuned.
kumar1
06-05 12:03 PM
Not only that, USCIS or any other govt. agency can make rules and make them effective retroactively. In other words, they can come up with a final rule in July 2008 and can say that this rule is effective July 2005.
That is why, I call GC a game where if your opponent feels that he is losing, he can change the rule of the game on the fly.
It looks like USCIS can make any new laws or change rules of game anytime. They live by their will.
That is why, I call GC a game where if your opponent feels that he is losing, he can change the rule of the game on the fly.
It looks like USCIS can make any new laws or change rules of game anytime. They live by their will.
Slave_2k
11-30 11:33 PM
Hi Pappu!
First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.
Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.
If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?
Can you please try to get the answer for that?
GO IV!!
- Modern SLAVE
First of all... a big thank you for all the time you have spent to come up with such an excellent analysis of the data available in the public domain. Your effort and the effort of the senior members is like leading a freedom struggle. If you guys were born in India before 1947, I am sure you would have been one of the well known freedom fighters.
Anyway.... I have a small clarification. It'll be great if you could take that issue up with the USCIS contacts you guys have.
If you see from that inventory document, there are entries in the year 2008 and 2009 for I-485 backlog. The Visa Bullettin fiasco happend in July 2007. After that for EB-3 India the date was never current. It has retrogressed consistently since then. How was it possible even for one EB-3 India application to be filed in the years 2008 and 2009? or for that matter anytime after Aug-2007?
Can you please try to get the answer for that?
GO IV!!
- Modern SLAVE
No comments:
Post a Comment