As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
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I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
Are any of these happening with you ? If so report to USCIS.
If not, why do you assume it happens with others.
Does it make you feel better ? Or are you a follower of Mahatma Gandhi/Mother Teresa that you earn justice to be done to others not you ?
I know the motivation behind your arguments. Do I need to mention it ? everyone on this forum understands that.
Don't be so selfish.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
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BBBBRrrrrrrrr another idiot
1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)
so you can see where your argument is going..
2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.
Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..
3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..
4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...
just a piece of advise ..STOP BEING DUMB
Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. :)
I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.
The New York Times carried an excellent editorial regarding the State department's actions:
As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.
For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thank you for your time.
Here is the link to the NY Times Editorial:
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
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That is already the law. But this law has been proved to be virtually impossible to enforce. The only practical solution is to deny H1-B's to consulting firms (at least for the positions that require the employee to work at the client location).
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This info is already posted somewhere else.
I don't think its need new thread.
Administrator please close this thread
Agreed, not all legal immigrants will become enterpreneurs and create jobs but I still think that contribution from skilled workers is more to the economy and has a much larger impact than that of illegal migrants!
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Thanks. This gives me some hope.
I had LUD on my approved I140 on July 27,2008.
Does it mean something?
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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 am suggesting that you talk to an attorney regarding questions on how to go to H1 status from EAD status.
I dont know how that is done, and I am not even sure that the possibility of such a status change depends on exhaustion of 6 year limit of your H1.
Please speak with an attorney so that you can make the right decision.
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Sorry for my ignorance but what is TSC/AOS at TSC?
Did you got your GC yet?
My I140 got approved in sep'08 and I am a permament employe for a american company.
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Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
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Drivers license is not meant to be used as an identity document. US has screwed that logic anyways. One of the security issues is this country uses drivers license as an identity document.
Even if it has to be used for identity purpose, an identity document says this document represents the person holding it and his identity has been verified. Immigration status or job verification has nothing to do with identity.
How does employment verification serve the security needs ? If so, are citizens guaranteed not to do anything against the security of the country ? I don't think so.
Are employers the ones who vouch for security credentials of an individual ?
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.