vik352
06-26 04:06 PM
If there any IV volunteers around DC, it would good to go his DC office and if possible meet the congressman itself to explain our case.
wallpaper at Rihanna posing proudly
ilikekilo
05-30 12:30 PM
There is a reason why Indians are required to take a transit visa. Coz, in the past there have been Indians (at EU airports) who have claimed that they have lost their memory, do not remember who they are, don't have any ID and hence qualify for asylum on medical grounds. Now these gov'ts are requiring ALL Indians to have a transit visa so that if anyone pulls such antics, they have all the information that they need to identify the individual and deport. Some bad apples have f&^%ed it up for all of us.
BR[/QUOTE]
Wow, this is one of the most baseless and preposterous statements/arguments I have seen so far..very interesting indeed!!
BR[/QUOTE]
Wow, this is one of the most baseless and preposterous statements/arguments I have seen so far..very interesting indeed!!
EB3Victim
07-18 12:10 PM
Hello,
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
Look at the below URL for the update from USCIS.485 can be filed until August 17
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
I'm also in the same situation. My labor is approved May 2007. I'll need to apply for both 140 and 485 together. Can I do it at the same time ?? or do I need to file my 140 immediately and then 485 after a few days. Time is running out now, as we never know when USCIS would again stop accepting 485s. Please advice.
Thanks
Look at the below URL for the update from USCIS.485 can be filed until August 17
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
2011 rihannas tattoo. rihanna
Brightsider
01-13 02:44 PM
My experience has been similar,although I took the e-filing route for my wife.
Incidentally, e-filing is very convenient and takes less than ten minutes.....if you keep all the info ready. Apart from charging the right amount, the receipt also mentions where the application needs to be sent. There was some confusion when I was reading the paper-based form instructions, until I saw the receipt printout.
After e-filing, took a print out of the receipt and added
Copy of I485 receipt (I797)
Copy of earlier AP
Copy of marriage cert (I cant recollect why I began using it. This is the 3rd AP...renewed twice after the July 2007 filing)
Copies of the passport pages
Copy of I94
Two photographs
We mailed it on 16 Dec, and today it has been approved and mailed back.
It was quite exciting to see the 'post-decision' bubble being filled up.
Incidentally, e-filing is very convenient and takes less than ten minutes.....if you keep all the info ready. Apart from charging the right amount, the receipt also mentions where the application needs to be sent. There was some confusion when I was reading the paper-based form instructions, until I saw the receipt printout.
After e-filing, took a print out of the receipt and added
Copy of I485 receipt (I797)
Copy of earlier AP
Copy of marriage cert (I cant recollect why I began using it. This is the 3rd AP...renewed twice after the July 2007 filing)
Copies of the passport pages
Copy of I94
Two photographs
We mailed it on 16 Dec, and today it has been approved and mailed back.
It was quite exciting to see the 'post-decision' bubble being filled up.
more...
delhiguy79
07-24 11:45 AM
Does anyone know the process of how USCIS updates 485 application, once 140 gets approved after 485 is filed (considering one files 485 with 140 pending receipt)?
Do we have to do anything in order to update USCIS regarding 140/485 once 140 is approved?
Any help is appreciated
Thanks!
i dont think so...as uscis knows ur receipt number they can easily find it out.
Do we have to do anything in order to update USCIS regarding 140/485 once 140 is approved?
Any help is appreciated
Thanks!
i dont think so...as uscis knows ur receipt number they can easily find it out.
TomPlate
07-05 09:15 AM
I am going to file today.
more...
tampa2006
04-30 02:55 PM
Friends,
I have made my modest contribution of $100 to our cause. Please find the Paypal id 67T27939E8874261P.
I have made my modest contribution of $100 to our cause. Please find the Paypal id 67T27939E8874261P.
2010 Rihanna. Celebrities
franklin
09-28 12:56 PM
franklin,
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
I understand - I took it all as a healthy debate, I certainly didn't intend to offend anyone. Its been one of the most interesting debates I've had in a while. Hermione, I sincerely apologize if any of my posts have been interpretted otherwise.
hermione has been very active in helping with battling immigration backlogs in general despite her "oh so close to green card status". she was responsible for one of our better pre rally videos as well. guess we can put it down to not tolerating the whole mess :-)
you can also find her on greg siskind's blog.
hermione: sorry for not replying, been terribly busy these last few days!
we should talk sometime though...
I understand - I took it all as a healthy debate, I certainly didn't intend to offend anyone. Its been one of the most interesting debates I've had in a while. Hermione, I sincerely apologize if any of my posts have been interpretted otherwise.
more...
gc_kaavaali
12-10 05:05 PM
I agree with you...
State boards are kind of semi internet usgae only (Though not forum...). But those also do not make passive ones come ahead. So real issue is not the type of meet, the first real issue is feeling that you are in trouble..and 2nd is to stand up for fighting against that. And 3rd.. yes through IV we will be able to do this and so become active.
State boards are kind of semi internet usgae only (Though not forum...). But those also do not make passive ones come ahead. So real issue is not the type of meet, the first real issue is feeling that you are in trouble..and 2nd is to stand up for fighting against that. And 3rd.. yes through IV we will be able to do this and so become active.
hair Check out Rihanna#39;s Love
H4_losing_hope
02-12 06:44 PM
please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)
more...
raj2007
02-22 02:32 PM
Thanks. I do have my EAD. Just fearful that since I wont be at the 6 month period, I wont get to portability.
Does US immigration check up on this stuff? If so, how? I'm thinking that the Texas processing center (where my info is being processed) is too busy working on my papers (and other folks' papers) rather than inquiring about everyone's employment status.
Is this wishful thinking?
Everything is randomly generated.. I feel you will be OK..
Does US immigration check up on this stuff? If so, how? I'm thinking that the Texas processing center (where my info is being processed) is too busy working on my papers (and other folks' papers) rather than inquiring about everyone's employment status.
Is this wishful thinking?
Everything is randomly generated.. I feel you will be OK..
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senthil1
06-19 04:45 PM
There is no suprise on it. There may be 3 reasons for that
1. It is deviating from grand bargain. Some republicans accepted CIR based on the condition that point system needs to be introduced. Cantwell amendment invalidates that in high skilled category
2. Anything unlimited is tough to convince Senators as immigration concept is based on shortage of workers. Cantwell amendment has many exemptions for H1b and GC
3. This has provisions which will make Durbin bill almost ineffective
If some compromise is suggested in those three points then there is some possiblity. Otherwise it is going to be tough
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20 amendments floating around in the Senate:
Democratic Amendments
1199 Dodd ---- Family parent visas
1313 Webb ---- Community ties for Zs
1236 Baucus-Tester ---- Strike all reference to REAL ID
1332 Sanders ---- Employers to certify no mass layoff
1344 Byrd ---- Border security immigration fee
1317 Menendez ---- Increased family points in merit system
1340 Brown ---- Employers post job at state agency
1468 McCaskill ---- Repeat violators who hire undocumented workers
1486 Levin ---- Iraqi religious minority refugees
1386 Leahy ---- Refugee Scholars (may instead be 1289 on EB-5 investors)
____ Schumer ---- Tamper-proof biometric social security card (no language yet)
1198 Boxer ---- Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander ---- Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond ---- Prohibits green cards for Z holders
1473 Coleman ---- information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici ---- Federal judgeship increase (redrafting)
1490 Ensign ---- Preclusion of social security benefits
1465 Graham ---- Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama ---- Strike and replace Title III (small changes possible)
1440 Hutchison ---- Touchback/strike and replace title vi (redrafting)
1174 Thune ---- Probationary legal status triggers
1318 Chambliss ---- Totalization agreement
1282 Isakson ---- Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
1. It is deviating from grand bargain. Some republicans accepted CIR based on the condition that point system needs to be introduced. Cantwell amendment invalidates that in high skilled category
2. Anything unlimited is tough to convince Senators as immigration concept is based on shortage of workers. Cantwell amendment has many exemptions for H1b and GC
3. This has provisions which will make Durbin bill almost ineffective
If some compromise is suggested in those three points then there is some possiblity. Otherwise it is going to be tough
The word on the street is that the Cantwell amendment is not a part of the list of amendments that are currently floating around in Senate offices. There are 20 of them.
Even Bernie Sanders has one more coming (Yes, it is related to H1B). But Cantwell amendment is not there in the list of 20.
Here is the list of 20 amendments floating around in the Senate:
Democratic Amendments
1199 Dodd ---- Family parent visas
1313 Webb ---- Community ties for Zs
1236 Baucus-Tester ---- Strike all reference to REAL ID
1332 Sanders ---- Employers to certify no mass layoff
1344 Byrd ---- Border security immigration fee
1317 Menendez ---- Increased family points in merit system
1340 Brown ---- Employers post job at state agency
1468 McCaskill ---- Repeat violators who hire undocumented workers
1486 Levin ---- Iraqi religious minority refugees
1386 Leahy ---- Refugee Scholars (may instead be 1289 on EB-5 investors)
____ Schumer ---- Tamper-proof biometric social security card (no language yet)
1198 Boxer ---- Reducing Y visa cap by number of Y workers who overstay
Republican Amendments
1161 Alexander ---- Oath of allegiance for naturalization (may move to manager�s package)
1255 Bond ---- Prohibits green cards for Z holders
1473 Coleman ---- information sharing/sanctuary cities (Coleman is redrafting, new language not available)
1335/1258 Domenici ---- Federal judgeship increase (redrafting)
1490 Ensign ---- Preclusion of social security benefits
1465 Graham ---- Enforcement, plus other potential agreed upon amendments folded in (redrafting, content not clear)
1441 Grassley-Baucus Obama ---- Strike and replace Title III (small changes possible)
1440 Hutchison ---- Touchback/strike and replace title vi (redrafting)
1174 Thune ---- Probationary legal status triggers
1318 Chambliss ---- Totalization agreement
1282 Isakson ---- Preemption/Home Depot (redrafting)
------ Graham Criminal penalties/mandatory minimums for overstays
more...
house Rihanna#39;s Gun Tattoo
nat23
09-26 08:25 AM
MLS
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
How long does it take to get the "prevailing wage info"? Does it come from State DOL or the Federal DOL?? I'm from Ohio
Thanks
Nat
Hi Nat,
Fragomen took about 6 months in getting "prevailing wage info" for my case in 2001. My manager ( Canadian who had gone through US GC process himself) finally talked to them and asked them to file without waiting for DOL's reply on prevailing wage. (That was a risk but we agreed to take it at that point)
That six months delay costed me 6 years in GC processing ! But thanks to my manager , otherwise I dont know how many more years I would have waited.(One of my co-worker still awaits his labor cert !)
The big law firm goes by predefined steps , which are probably the safest way for most cases but may not be the fastest way. You need somebody who has been through this process and can understand and asks good questions to lawyers and can help lawyers to think for your perticular case. Check if you have somebody in your org to do that.
All the best.
tattoo Rihanna had her 11th tattoo
belmontboy
03-21 03:43 PM
Simply amazing ...
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
Herez the qualifying criteria for various EB categories.
FIRST PREFERENCE Includes:
Intra-Company Transfers - Executive or Managers
Outstanding Professors and Researchers
"Extraordinary Ability" in the sciences, arts, education, Business and athletics
Note: Categories 1 & 2 do not require a labor certification7 Category 3 does not require a labor certification or offer of employment.
SECOND PREFERENCE Includes:
Professionals with advanced degrees
Aliens of "Exceptional Ability" in the sciences, arts or business
Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
THIRD PREFERENCE Includes:
Professionals with bachelor's degrees
Skilled workers filing positions requiring at least two years of training and experience
other workers.
Every category includes skilled professionals.
The classification is based on education/priority/years of exp.
We all have the option to apply for a "better" category, but we choose not to because either we don't have supporting documents or our employer refused to do so.
We should stop infighting and focus on bigger issues at hand.
have you guys lost the ability to think and read...
It is USCIS that decides the categories and it is they who say that EB1 is more skilled and valuable than other categories
Again ... like I said in my post .... It is NOT NOT individual's qualifications or Country that matters, it is the JOB descr they do that decides the EB category. IF USCIS places more value on EB1 than EB2/EB3 category jobs that is not my problem .... but thats the way it is... and that was my point .... if the value placed on the job is higher that job...
If things make you sick .... there is a fix for it .... go to a doctor ...
But truly... I do believe you are sick, inability to coherently digest a discussion and think is a serious anomaly and you should get it checked out...
Herez the qualifying criteria for various EB categories.
FIRST PREFERENCE Includes:
Intra-Company Transfers - Executive or Managers
Outstanding Professors and Researchers
"Extraordinary Ability" in the sciences, arts, education, Business and athletics
Note: Categories 1 & 2 do not require a labor certification7 Category 3 does not require a labor certification or offer of employment.
SECOND PREFERENCE Includes:
Professionals with advanced degrees
Aliens of "Exceptional Ability" in the sciences, arts or business
Note: both categories require an offer of employment and a labor certification unless a "National Interest Waiver" is obtained.
THIRD PREFERENCE Includes:
Professionals with bachelor's degrees
Skilled workers filing positions requiring at least two years of training and experience
other workers.
Every category includes skilled professionals.
The classification is based on education/priority/years of exp.
We all have the option to apply for a "better" category, but we choose not to because either we don't have supporting documents or our employer refused to do so.
We should stop infighting and focus on bigger issues at hand.
more...
pictures LMAO: Rihanna#39;s New Tattoo
bestin
10-19 06:07 PM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Guys decide .Tomorrow is pooja.You can combine the visit to Troy Temple.;)
Guys decide .Tomorrow is pooja.You can combine the visit to Troy Temple.;)
dresses A quot;Lovequot; tattoo on Rihanna#39;s
nrakkati
03-21 03:28 PM
There you go. Here is the link for the opinion letter
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf
(http://immigrationvoice.org/forum/www.murthaimmigration.com/wp-content/uploads/2007/08/sheela_murthy.pdf)
Read it, Understand it and then please let me know if you still think that OP was in "unauthorized work", as this is what you have written before
Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.
Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.
Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.
If New H1B and Transferred H1B are same....then problem is solved.
Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.
Thank you everyone who responding to my post.
more...
makeup When Rihanna was gunning for
vandanaverdia
09-08 04:43 PM
^^^ bump ^^^
girlfriend I really love RIHANNA#39;s tattoo
yagw
03-05 04:15 PM
I can pitch in for this cause. But as others mentioned, we need to make sure what we are getting for the money and when. We can also ask for break down of charges for the money they are asking. How about involving the CIS Ombudsman and definitely GAO.
yagw
yagw
hairstyles Famous Celeb Tattoos Designs
kate123
02-14 10:47 AM
If you are working for fortune 500 do not assume that you are safe if you are on H1. WHAT WOULD YOU DO IF THERE IS AN AMENDMENT WHICH WILL CHANGE THE FACE OF H1?
NOW NO H1'S FOR TARP COMPANIES WHAT NEXT? UNIVERSITITES, FEDERAL AND STATE AGENCIES?
People who have PD's after May 2007 should come forward... OFCOURSE OTHERS SHOULD HELP US TOO
Guys this is the time...
Please see the text from www.immigration-law.com and the author has clearly mentioned how it would effect H1B program...
02/14/2009: Tough Times Ahead for Professional Foreign Workers in EB-Based Nonimmigrant or Immigrant Journeys
The just relased arrests and indictments of eleven people for H-1B frauds by U.S. District Attorney in Iowa may not be taken as an isolated event or incident. It is a signal showing government's determination to crack down abuse of the employment-based nonimmigrant and immigrant proceedings for the purpose of alleged protection of U.S. workers' jobs. This is a union-backed government. Besides, current economic crisis allegedly mandates the government leaders to take an action to protect American workers' jobs. No one will be in surprise to see Senators Durbin and Grassley reintroducing sooner or later their H-1B and L-1 reform legisation which they introduced last year but failed to make it before the last Congress closed at the end of 2008. The H-1B and L-1 reform legislation will mandate the agencies' reinforcement of enforcement activities against the abuse of such visas and tighten the threshold requirements for these visas in a line similar to the TARP-funded employer H-1B rules. Reinforcement of enforcement actions is soon to be made easy because of the two developments. One is reengineering of agencies's filing system and database in a direction of "account" system for each involved employer, each representative, and each alien worker, allowing detection of violation of the rules easy. The USCIS has been pushing such reengineering process in the form of electronization of filing of petitions and applications using "account" system and building such database. The DOL has also been working on such reengineering and is scheduled to implement it beginning from May 2009 for H-1B labor condition application filing using new ETA 9035 form which is designed to accomodate such account system and dababase and from July 2009 for PERM labor certification application filing using new ETA 9089 form which is also designed to accomodate such concept. The other development that makes the government's enforcement activities easy is electronization and data-sharing system among different agencies and their database. Electronization of the processes makes such data sharing available and easy among the related agencies. Expansion of E-Verify programs allows the Social Security Administration to participate in such enforcement process. Timing of release of recent indictment of evelen alleged H-1B visa fraud offenders is in a way not just a coincident.
The Chief of DOL Division of Foreign Labor Certification, Dr. William Carlson, released as recent as February 2, 2009 that in the first quarter (October, November, December 2008) of FY 2009, they completed about 4,500 PERM applications, but in one month of January 2009 alone, they completed about 3,500 applications. But don't get excited about this statistics. He cautioned that the processing times would slow down as they feed into adjudication process investigation of unemployment conditions in various labor markets, increasingly turning cases into so-called "supervised recruitment" process considering worsening labor markets and rising unemployment. When the agency posted the supervised recruitment Q&A on its website quite some time back, we speculated that it was intended to send out a signal that they would increase supervised recruitment cases ahead. It has turned out that it was not just speculation. Worse yet, the Chief stated that once a case is turned into a supervised recruitment track, there is no set processing time implying that it can take time and time. When the PERM system is already clogged bad, the information is indeed depressing. On top of all of these, the newly designated Republican Commerce Secretary who was known to be a H-1B program supporter all of sudden backed out from participation in the Obama administration. Year 2009 may be marked as a difficult year for foreign workers, particularly professional foreign workers.
Advantages of applying AOS when PD is not current
1. No H1 extension needed (especially these days believe me its a nightmare)
2. No visa Stamping needed (BIG BIG Night mare)
3. spouse can work
4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
5. during layoff do not have to start GC process (in this case AC21 can be used)
6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
11. More can be added to the list
Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.
Seniors Please advice
Thanks a lot,
Kiran :)
NOW NO H1'S FOR TARP COMPANIES WHAT NEXT? UNIVERSITITES, FEDERAL AND STATE AGENCIES?
People who have PD's after May 2007 should come forward... OFCOURSE OTHERS SHOULD HELP US TOO
Guys this is the time...
Please see the text from www.immigration-law.com and the author has clearly mentioned how it would effect H1B program...
02/14/2009: Tough Times Ahead for Professional Foreign Workers in EB-Based Nonimmigrant or Immigrant Journeys
The just relased arrests and indictments of eleven people for H-1B frauds by U.S. District Attorney in Iowa may not be taken as an isolated event or incident. It is a signal showing government's determination to crack down abuse of the employment-based nonimmigrant and immigrant proceedings for the purpose of alleged protection of U.S. workers' jobs. This is a union-backed government. Besides, current economic crisis allegedly mandates the government leaders to take an action to protect American workers' jobs. No one will be in surprise to see Senators Durbin and Grassley reintroducing sooner or later their H-1B and L-1 reform legisation which they introduced last year but failed to make it before the last Congress closed at the end of 2008. The H-1B and L-1 reform legislation will mandate the agencies' reinforcement of enforcement activities against the abuse of such visas and tighten the threshold requirements for these visas in a line similar to the TARP-funded employer H-1B rules. Reinforcement of enforcement actions is soon to be made easy because of the two developments. One is reengineering of agencies's filing system and database in a direction of "account" system for each involved employer, each representative, and each alien worker, allowing detection of violation of the rules easy. The USCIS has been pushing such reengineering process in the form of electronization of filing of petitions and applications using "account" system and building such database. The DOL has also been working on such reengineering and is scheduled to implement it beginning from May 2009 for H-1B labor condition application filing using new ETA 9035 form which is designed to accomodate such account system and dababase and from July 2009 for PERM labor certification application filing using new ETA 9089 form which is also designed to accomodate such concept. The other development that makes the government's enforcement activities easy is electronization and data-sharing system among different agencies and their database. Electronization of the processes makes such data sharing available and easy among the related agencies. Expansion of E-Verify programs allows the Social Security Administration to participate in such enforcement process. Timing of release of recent indictment of evelen alleged H-1B visa fraud offenders is in a way not just a coincident.
The Chief of DOL Division of Foreign Labor Certification, Dr. William Carlson, released as recent as February 2, 2009 that in the first quarter (October, November, December 2008) of FY 2009, they completed about 4,500 PERM applications, but in one month of January 2009 alone, they completed about 3,500 applications. But don't get excited about this statistics. He cautioned that the processing times would slow down as they feed into adjudication process investigation of unemployment conditions in various labor markets, increasingly turning cases into so-called "supervised recruitment" process considering worsening labor markets and rising unemployment. When the agency posted the supervised recruitment Q&A on its website quite some time back, we speculated that it was intended to send out a signal that they would increase supervised recruitment cases ahead. It has turned out that it was not just speculation. Worse yet, the Chief stated that once a case is turned into a supervised recruitment track, there is no set processing time implying that it can take time and time. When the PERM system is already clogged bad, the information is indeed depressing. On top of all of these, the newly designated Republican Commerce Secretary who was known to be a H-1B program supporter all of sudden backed out from participation in the Obama administration. Year 2009 may be marked as a difficult year for foreign workers, particularly professional foreign workers.
Advantages of applying AOS when PD is not current
1. No H1 extension needed (especially these days believe me its a nightmare)
2. No visa Stamping needed (BIG BIG Night mare)
3. spouse can work
4. Dont have to worry about LCA blaw blaw blaw. especially after seeing the recent arrests
5. during layoff do not have to start GC process (in this case AC21 can be used)
6. WE CAN CHANGE TO EAD WHEN ANTI IMMIGRANTS CRY ABOUT H1 AND IN THIS ECONOMY DO NOT SURPRISE IF H1 IS COMPLETELY SCRAPPED.
8. Can do two jobs at a time (in this economy its difficult, but this is possible if you are using EAD)
9. You can work for TARP Companies (There are about 360 bail out banks... so you can work for any of these banks if using EAD)
10. BIG ADVANTAGE... IF YOU ARE APPLYING EARLY IT IS VERY MUCH POSSIBLE FOR DHS/CIS TO DO ALL THE BACK GROUND CHECK/NAME CHECK WELL IN ADVANCE. AS AND WHEN A VISA # IS AVAILABLE, IT CAN EASILY BE ASSIGNED TO THE APPLICANT. THIS WAY CIS CAN BE EFFECIENT AND WILL NOT WASTE VISA's
11. More can be added to the list
Again I do support others who say that AC21 job titles clause should be relaxed... All I am saying is one step at a time and more over there is a compaign already in progress.
ALSO numbers really matter. There are lots and lots of my friends who are using AC21 with out any problem.
Seniors Please advice
Thanks a lot,
Kiran :)
bluekayal
06-30 05:18 PM
I had a 2004 PD Labor RIR and my 2006 I-140 used that labor date, because I merely mentioned to an IO at TSC that I had a previously filed labor. My lawyer was shocked when it happened...had never seen it.
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
geevikram
06-25 02:30 PM
posted the latest question under uslover...
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