The gist of it below:
Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.
However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.
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An official complaint (instead of just email to ombudsman's office) will reassert IV's recommendation.
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Enjoy greenhood..........no luck yet for my wife...But she got a call from USCIS office of Wash DC that it is the biometrics that is holding her approval...they are issuing a biometrics appointment....I told so far she had been issued Biometrics appointment thrice and we have not received anything.
Also if I got approved without biom availability how come she is not....she is giving crap that our job is approving the primary applicant....I told her that none of my friends have got approval just for the principal they all got approved together.
I told her Biom does not hold approval ...she was adamant we can't approve her w/o that.
Although the principal employment-based categories are current for
July,future retrogression is indeed possible later this fiscal year,
particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without any prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
dude this is serious...that means can they stop taking application in mid month august or sept??:eek:
B-1 IN LIEU OF H-1B
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:
Hold the equivalent of a U.S. bachelor’s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.
Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.
Consulate General Mumbai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.
When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.
The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.
Looks like, "The B1 in lieu of an H1B" can work in client location if approved.
we have lot of folks coming here on B1 and working ..how do you report that?
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It will be resonable to assume that these will be the dates in OCT bulletien for Eb3-I.
Finally, 5882 is our only hope for now.
With the earlier method or the current method, EB3-I will always end up last. Vertically EB3-ROW gets the excess visas (old method), horizontally EB2-I gets the excess visas (new method). So, either way EB3-I won't benefit, the only solace being that with the current system atleast our EB2-I friends are getting their freedom faster.
For us, visa recapture or other legislative changes are the only relief.
BTW, my PD is June 2003, EB3-I
Are you just assuming or have you actually tried to find out if there is indeed some law which allows employers to not consider a candidate solely based on the fact that he/she has an EAD as opposed to a green card? I can certainly understand that you don't want to get involved in a lawsuit and pay lawyer fees when you can easily find another job. But its not that difficult to contact OSC.
Having said that, I do understand that the employer can find a number of reasons to not hire somebody and all that would be legal. But here we have a case where you have 5 companies who have refused to consider you solely based on your immigration status. Somebody earlier has this in writing from Capital One.
I urge you and anybody else who has gone through this to find out more about this by calling the OSC's hotline. (http://www.usdoj.gov/crt/osc/htm/engperliwdiss.htm) If I were in your situation, I would at least want to find out what my rights are, what is discriminatory and what is allowed by law. Call them and simply explain that you believe that you were not considered eligible for a job because you have an EAD card as opposed to a Green Card.
Yes, I am aware about this but in my case I do not have any written or tape recorded evidence. In other guy's case at least he have written proof (Capital One) and that can be the base. Now many companies are doing this so it is ofcourse my assumption that they can do this under "Hire and fire" authority.. And main problem is that, when you are out for a job, you do not stop thinking to takle particular one "no", you want to just move haead and fix your job first.. That is practical reality:)
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I agree. Lets not start using negative terms. People have been contributing in ways they see fit (providing info, answering questions and one-time or recurring donations).
Having said that, IV has put the donor forums in place for a reason and has already explained the rationale behind them, so there is no point in revisiting that over and over again.
good writing skills in that pain too...
a 10 on 10 on that...
thanks for the post before even people book their tickets via British babu's place..
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With the new visa spill-over process, where do you think EB3_ROW will be in the October 08 bulletin?
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Cool. This has picked up momentum. Lets keep sending mails.
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Nonimmigrant Visa Number: is this the contraol number of H1B stamping?
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
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This link is not working. (Page not found). can someone repost.
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If we knew that DOL would suddenly change the rules..there was no reason for us to apply in EB-3..we could have looked for another job or convinced our manager to apply to apply in EB-2..if the situation could turn so dire as we know now..Now look at the new guys..they will never apply in EB-3..even the lawyers will advise thier clients to apply in EB-2..so the old intrepretation should remain for the older cases and new interpretation for cases when USCIS decided to change the interpretation...
YOU CANT CHANGE THE RULES IN THE MIDDLE OF THE GAME!
There is no ambiguity in law. The law is clear. One law (and one rule) should yield one interpretation. If someone interperting the languge of law differently; then that is their mistake. Thats what DOS was doing in between 2001 and 2006. This could be possible for them because no one was going after DOS. Now somehow they realized (or some affected applicants notified DOS). If the old practice is a result of correct interpretation of law, why they should change now? This is very high sensitive area; DOS might have not changed their practice without risk analysis. They should not care about how much retrogression in India; They should only care about implementing the law correctly, as becuase they are executive branch of government not legislative branch to worry about retrogression.
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My application filed on July 2 was rejected (NSC->CSS) saying missing I-140 I797 approval even though it was attached.
Thanks a lot.
Having a house in this market has become a pain as it has made me immobile with respect to good job offers.
I was thinking that incase i find a job in a different state and cannot travel back home frequently and also renting is not a good option then should i leave the house to the bank for foreclosure?
Will this affect my GC process. I have no plans of buying a house in coming years.
What might be an outcome of foreclosure, keeping in mind that i am wiating for my GC process.
If anyone had an experiecne like this or may know someone, please share ur thought..
Rent your house using Property management compnay. Why? While you are away from the state your house is, property mgmt. company will take care of renting your house as well as maintain everything, you will get less money and might have to shell out some money out of your pocket to pay mortgage.
In above case,
1. talk with your mortgage lender, see if they are willing to lower your monthly mortgage (e.g. by spreading it for 40 years instead of traditional 30 yr. loan)
2. Search for reputed Pro. mgmt. comp in your area, talk with them and see what are your chances of ending up a tenant.
3. I would suggest you to think twice before going for foreclosure as previous poster suggested.
4. If you decide to go for foreclosure, make sure you landup in a job before you go for the proceedings.
5. There are different types of foreclosures, research on which one will be less impact to you.