H1bslave
11-19 01:56 PM
Is this still an active topic? or its dead? Are there people with US Master - STEM who are willing to come forward?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
I am just trying to gauge this? To me, looks perfect candidate for piece meal while waiting for CIR, justification could be same as 20K quota for H1b, keep US educated in the country and keep contributing to US economy & society. It has two benefits, a) direct to people who have US Master, b) there will xx less number of people in front of who don't qualify for this so their turn will come sooner.
any leads?
wallpaper Valentine#39;s Day Quotes and
gcgreen
08-11 06:26 PM
IMO, the key criterion is "occupational classification" under which the new job falls under, not the technologies used. For example, it is logical to conclude that a Software Engineer position that requires programming in Java is in the same or similar occupational classification as a Software Engineer job that requires programming in .NET.
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
One could argue that .NET is a different technology than Java, but most if not all would agree they fall under the same/similar occupational classification.
So as long as you can make a strong case that the occupational classification for jobs is the same/similar, I don't think there is a problem.
Then again, I am not a lawyer and all that...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
drirshad
07-29 03:51 AM
NSC: Self E-Filed May 19 (Current EAD expires Sep 18)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
Document Send: May 26
FP Done: May 28
EAD CPO: July 26 (for me & spouse)
Priority Current next month
(not sure if they gave a 2 yr validity)
Still waiting on AP (LUD same as EAD)
2011 Quotes For Valentine#39;s Day
eb3retro
01-13 03:40 PM
u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
more...
desi3933
02-25 09:28 PM
I changed it to clarify. The answer is YES, we have had 100% approvals for CA=MA, but we have done relatively few. This is based on Indian documentation that CA=PGD. However the stronger evidence points to CA=BA. As you can see someone on this board got an approval for our evaluation for a CA=MA with a professor's expert letter. The professor's letters are not cheap but effective.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
nozerd
04-13 11:21 AM
This whole GC system is so unfavorably tilted and discriminatory towards Indians its unbelievable.
I also think its very unfair. I being EB3 India with PD of August 2001 is stuck whereas someone in my same category who is EB3 World who filed 2 yrs later than me is now elig to get greencard.
This f.... sucks. Stupid f system
I also think its very unfair. I being EB3 India with PD of August 2001 is stuck whereas someone in my same category who is EB3 World who filed 2 yrs later than me is now elig to get greencard.
This f.... sucks. Stupid f system
more...
thomachan72
05-18 12:39 PM
we should also include professional qualifications aquired in the US and not just MS or PhDs.
2010 Valentines Day quotes are
willwin
02-20 01:06 PM
judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
more...
swamy
04-03 02:21 PM
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
hair Happy Valentines day
kumarc123
08-22 01:41 PM
NJIT
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
As much as I would like this bill to become law, the fact is it "Won't". The reason being the terms laid out in this bill are way to general, which will enable anyone who has done Masters from US to get a green card. Think about it, the amount of competition it will raise for both US citizens and other immigrants.
At this point, I am very skeptical about this bill gaining any success in the future, however we should focus our efforts on the recapture bill.
Thanks
more...
satishku_2000
05-16 11:37 PM
They asked the biggest takers of H-1B visas. They just so happened to be Indian companies, funny enough.
I don't see why you would think of the bill as insane. It weeds out the abuse clogging up an otherwise great visa program.
This is an insane bill because it does not protect the people whose green card applications are pending for years in the system and it does not give any releif .
This bill does not address the root cause of outsourcing , that is corporate greed in which most of the senators and congressmen have direct or indirect interest.
Just dont think that all indian companies are sinners and american corporations are saints.
Try to take a look at history of Anderson , Enron ,Halliburton and the famous East India company .
I don't see why you would think of the bill as insane. It weeds out the abuse clogging up an otherwise great visa program.
This is an insane bill because it does not protect the people whose green card applications are pending for years in the system and it does not give any releif .
This bill does not address the root cause of outsourcing , that is corporate greed in which most of the senators and congressmen have direct or indirect interest.
Just dont think that all indian companies are sinners and american corporations are saints.
Try to take a look at history of Anderson , Enron ,Halliburton and the famous East India company .
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Guig0
02-05 06:47 AM
Originally posted by =VALOR=
Ehmmmmmmm ..............:whistle:
True. Sorry.
np dude :) i was just messing with ya :P
a vote for kit isn�t a wasted vote ;)
Ehmmmmmmm ..............:whistle:
True. Sorry.
np dude :) i was just messing with ya :P
a vote for kit isn�t a wasted vote ;)
more...
house valentines day scraps
gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
tattoo Valentine#39;s Day Quotes
GC08
09-01 06:07 PM
Looks like the wait will be much longer than we originally thought.
more...
pictures quotes from valentines day.
nozerd
01-05 02:07 PM
So jsb if congressman and Ombudsman doesnt work either is there anything which will work ? Can one actually go physically to the Service Center and ask to speak to the PRO (Public relations officer) or something ?
dresses valentine#39;s day,
Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
more...
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ramus
07-02 04:03 PM
at the end please put total..
Thanks..
Thanks..
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ramus
07-06 02:42 PM
Very good develpoment..
Thanks for all hard work.. Guys lets help core members with whatever they need.
Thanks for all hard work.. Guys lets help core members with whatever they need.
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immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
small2006
07-02 04:17 PM
Medical = $600
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
UPS to attorney (2 batches) = $65
Attny fee = $3500 (me and my wife)
Filing Fee = $1490 (me and my wife)
Birth certificate = $100
Total = $5755
mariner5555
11-21 10:21 PM
I am a consultant on H1B with EAD now. In my office (a major bank in US) I am 200% safe than the employees there.. they live like what you said (thinking when their job is at risk) and I am there in the job for last 3 years with a bright future.. I never blame the situatiuon I am in..
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
My view is " I have not born to live in A country or work for A company" I will always find my way out..
We bought a house recently and I know how many of my friends look at us and sigh a breath as they cannot do what they want for the fear of GC..
We are one happy family with our kids running around the house like they do in India...
just my thoughts.. not to meant to hurt anyone..
I dont expect everyone to agree with me - esp those who already have houses. my point was for those who are renting to keep on renting.
btw you can also rent a house - and those are quite cheap too nowadays.
everyone is 200% safe in their jobs till they lose it ..btw some of the big banks may fold too.
it is not necessary that yr friends cannot do what you have done - maybe they are smarter and more patient than you ..
here is an good article for reading ...
http://www.marketwatch.com/news/story/us-economy-melting-down/story.aspx?guid=%7B744EEE81%2D4F92%2D4A09%2DA142%2 D4A17CFD35C6D%7D&dist=MostReadHome
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