jsb
06-05 10:18 AM
Not really the biggest barrier is same or similar job. It is absolutely unfair no not let someone grow into different areas and keep the job exciting. I personally had to pass on so many opportunities even within my own company because of similar job constraint. In fact in many good companies including mine the executives encourage you to get experience in different areas of business before you are considered ready for executive positions and the VP of my division clearly told this to my director that i need to move on to a different job area. In general the AC 21 is risky and if you are waiting for 6-7 years you may not want to take the risk as USCIS make decisions which are unreasonable. AC 21 is also not a law and is subject to interpretation. The deal is that it is completely unfair to not let a person grow professionally and let him or her try different careers. Granted some folks may like to stay in same job area and continue what they are doing and these changes will not impact them but for those who want to try something different every few years this same or similar job rule is a curse.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
EB is based on employer's need and sponsorship. Even AC21 is a deviation (in our favour) after 180 days wait. That seems fair, as permiiting you to ditch sponsoring employer soon after your filing for permanent residency could lead to fraud.
Any suggested change should not appear to be too much deviation from the original intent. Best potential seems to be for USCIS to communicate preadjudiation decion to clients without waiting for the visa number (stating that the decison letter could be used for GC benefits, such as those given by EAD & AP, until such time formal GC card is issued, which could be done when visa number becomes available). This should reduce USCIS workload as they will not have to keep on working same cases again and again with frequent requests for FP, job confirmation letters, etc.
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newtoearth
05-02 03:13 PM
....
Macaca
06-26 09:22 PM
But they don't know how many of these could be approved by end of this fiscal year and they don't want to loose visas as they have in past.
This is the reason they made all date current.
I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.
A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.
This is the reason they made all date current.
I also think that the main (= only) reason for dates becoming become current is that USCIS did not want to loose GCs as last year. This is a simple way of avoiding the waste.
A reason for the timing is the release time of the ombudsman report. No one would know about wasted GSs without ombudsman report.
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she81
07-03 06:44 PM
Dugg both.
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breddy2000
09-04 01:22 PM
Paul Vadicherla
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Wow!!! what a way to say someones ID can be found on Linked In.
There can be N number of people with that last name....Just type "Kumar" and you will find so many of them...I personally know Vadicherla and I'm sure it is not the same person who you see in Linkedin profile.....
This is bullshit and even if I'm banned from IV I don't care...This is utter misuse of IV resources just to prove ones point of view.
Oracle Applications DBA at Otsuka America Pharmaceutical, Inc and Owner, ileadingedge Consulting Inc, Washington D.C. Metro Area
Click the link below:
Paul Vadicherla - LinkedIn (http://www.linkedin.com/pub/paul-vadicherla/0/233/69)
Wow!!! what a way to say someones ID can be found on Linked In.
There can be N number of people with that last name....Just type "Kumar" and you will find so many of them...I personally know Vadicherla and I'm sure it is not the same person who you see in Linkedin profile.....
This is bullshit and even if I'm banned from IV I don't care...This is utter misuse of IV resources just to prove ones point of view.
pune_guy
07-08 01:59 PM
Hi,
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
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chanduv23
02-13 11:02 PM
Those who have info on Rajiv Khanna's lawsuit, please post it on this thread. Please post valid links to references. Please analyse what went wrong, if Rajiv thought he had a case, why was the lawsuit not sucessful. Please post on this thread
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rkartik78
07-18 05:55 PM
Dear Attorney,
I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.
Thanks
I work in a Semiconductor company in Arizona. My company filed for my Labor and i140 (i140 approved in july 2008). Last July, I filed i485 for me and my wife. My H1B expired in May of 2008 and I am now on EAD status. I want to take up a part time job during weekends and weekdays after my Primary work hours. This new job is in no way connected to what I do in my primary job duties and is totally different from the description given in the labor cert. I want to know if it would be ok for me to take up such a part time job and make sure that no problem arises during my i-485 adjudication.
Thanks
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PR1978
08-04 01:57 PM
Thank You very much for the reply. As I mentioned in my previous post I have a (EB2) I-140 from TSC for which I got the approval email from CRIS in May 2007. I have the Receipt Notice for this I-140. I do not have the Approval Notice for this I-140. On the Receipt Notice the Beneficiary name is my name and the Petitioner name is my company name. I called TSC and to my surprise they have a different Beneficiary and Petitioner name on the Approval Notice. My attorney even called and he too was surprised by what the IO told him. My attorney/company HR never received any Approval Notice so we were not aware of this till now. Can you please give me any insights as to how this could happen and also what I can do to get this resolved from USCIS. Any help will be appreciated. Thanks.
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mihird
05-10 05:06 PM
There is a lot of debate going on here, about how Canada and Australia have a better immigration system because they are points-based self-petition systems compared to employer-petition system here in US.
....
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
....
If I score 100 points out of required 50 or 60 points for Canada, its all meaningless if I am inept and cannot get a job. However, I would contribute to my own well-being and to the workforce and economy if I can find a job and an employer willing to petition, even if I score 25 points out of required 50 or 60.
You are missing a point here though...having gone through the Canadian point system myself back in the late 90s, the Canadian point system gives you added points for having current employment in your intended occupation.
When you don't have employment, you lose those points, and have to rely on other aspects of your profile to compensate for that..it is another story that their point system is lax enough to qualify most MS and PhD people even when they don't have current employment.
Ph.Ds driving cabs in Canada is the same as immigrant doctors working as nurses or lab technicians in the US.
I will disagree with you. Employer sponsored path to permenant residency is certainly not the best. Firstly, if the average time to process an application is 5-7 years, expecting a person to shackled in the same job for that long is absurd...and for that matter, that job remaining steady and available for that long is equally an absurb assumption..
There may be unemployed Ph Ds is Canada but they are no different from the thousands of underemployed H1-B immigrants in the US, not being able to make career moves because of the employer sponsored petitiions..
My .02 cents..
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NKR
02-14 08:49 AM
[[Bestia,
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
]]
First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...
This is bigotry. Stop using other countries (Sierra Leone or Kongo (spelled Congo FYI) as scapegoats. Obviously, your country isn't so great or you wouldn't be on this forum trying to immigrate to the U.S. Plenty of people do immigrate to the Congo and Sierra Leone FYI...I am not attacking you but it is incredibly insensitive and ridiculous to point to other countries in that way - where are you from that's so perfect?
]]
First it was fighting between Indian/Chinese and ROW, now there is fighting within ROW. Come on Guys, today is valentine's day. Let there be Love and Peace. Let's unite...
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taarine
07-21 05:02 PM
Folks, let's not stereotype desis or any particular race. I ran into this Malaysian couple of Chinese descent who approached my wife and I at IKEA in the Chicago area. They tried some of the same techniques as described in this thread...
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
I was very surprised and confused because we had no connection in terms of race, native language, or look. I am hard core - lungi-dhari desi :) So you see it's the Amway/Quixtar/BWW culture and nothing to do with any race, regionalism or language. My $0.2
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WeldonSprings
09-15 02:16 PM
Here is what I researched and found out-
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
From the data for India
For Permanent applications 2004 => Reduction in Recruitment (EB2 cases)
From 1 April 1004 to 16 August 2004 => 430 appox(All countries)
No data from 17 August 2004 to 28 February 2005.
From 01 March 2005 to 30 September 2005, For Level III- 263 For Level IV-271
= 500 approx.
For 01 October 2005 to March 2006, For Level III- 2500, Level IV-1770
= 4300 approx.
Now, of the GCs approved last Aug.08 and Sept.08 were from the Texas Service Center.
That meant Atlanta Processing Center was the Labor Approval Center.
So, For 01 October 2005 to March 2006
For Level III- 1100, Level IV-770.
So, total left = (2500-1100) + (1770-770) = 1400 + 1100= 2500
Therefore toatl from 01 April 2004 to Mar. 2006=>
430(2004) + 400(mystery number from 16 Aug. 04 to 01 March 2005) + 500(2005) +2500(2006)= 3900 principal applicants.
Multiply by 2 for dependents = 7800 EB2 India pending before Mar. 06.
Please comment on my analysis or feel free to ask questions.
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eb2waiter
05-09 06:35 PM
Did you get a job in US before you came to US. Most probably not.
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
There are a lot of people who come to US blindly like students or consultants. They also landed up jobs (doing what they were meant for and not as cabbies or as janitors) and built careers.
There are no or few body shoppers in canada because there are only a few shops :-D
For the majority this is true in US. This is what land of opportunity means.
It might be true for a few cases in Canada but for the majority it is false advertisement. Canada is not a land of opportunity. This is not a few of those who have been burnt talking. Try getting a job in Canada. Look at the salaries for yourselves.
Folks am again telling this for your own benefit only. I have nothing to gain. I was not wise to do that. So thought I would guide the poor wandering souls here. Dont waste your dollars in Canada PR when you have US GC pending. It will do you no good.
I wont post on this thread again :)
---DISCLAIMER: ABOVE ARE MY VIEWS ONLY AND MAY BE FALSE---
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villamonte6100
12-14 01:15 PM
What did I do wrong. I'm only commenting. I don't understand why you mentioned the word "polite". Could you quote a section on my replies where you think I am not polite. Please....
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
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jsb
06-05 01:32 PM
It is very clear that there is absolutely no meaning for "quota" on 485 applicants.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.
They are allowed to continue to stay in US forever, from the date of their application (assuming the case is good, and eventually will be approved, when visa is available).
So the whole argument about "diversity" or even "controlled immigration" doesn't stand, since the 485 applicants are here permanently "except" for an official "GC card".
The only thing the "quota" does is creating "uncertainty" in the mind of genuine applicants. This causes less spending, less home buying and eventually causing bad for the US economy. This just creates a second layer of "tax-payers" who have extremely high "purchase power", but doesn't utilize their purchase power, due to "uncertainity"
I wonder why the politicians doesn't realize this simple fact yet?
They either shouldn't allow 485's to wait in US (for diversity & controlled immigration claim), or should just remove the quota for 485's, and let them live their lives & utilize their purchase power to help US economy.
Note that Adjustment of Status ( AOS) concept itself is a benefit to future immigrants who are already in the US (as a visitor, or guest worker), so that they don't have to go back to their country and wait for their turn. This in a way violates the country quota system. Normally people should apply for immigration from their home country, and come to the US only when they are accepted as immigrants. We are here in contradiction to the legal diversity requirement supposed to be enforced via country quotas, but we now say that there should not be such a diversity requirement because we are here anyway. This argument, of course, doesn't suite us, but is a proper one for the situation.
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kshitijnt
03-30 06:56 AM
Agreed but consider the other options. Lalu? Mulayam?? Mayawati???
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
I will have tears of joy in my eyes if BJP get the majority but I know it will never happen... :(
Laloos performance as railway minister is amazing. He can make a good PM. Anyday better than Rahul baba.
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kommisetty
09-24 05:13 PM
Greate Idea and fully support it even thought i may or may not buy a house for GC. Atlease the wating line will be reduced if it works out.
Sent e-mails to all that are there in the spread sheet.
Sent e-mails to all that are there in the spread sheet.
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sobyb
05-02 09:52 PM
I am watching this thread last 36 hours, this is not media to discuss political issues, we are here to educate/lobby so called law makers of this country for our immigration issues.
STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS
Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.
Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.
We already denounced India, I am carrying Indian passport with shame.
see the link below,
http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related
This post clearly shows your poor judgement, please start viewing/analyzing politics and history beyond your group/creed/clan's interest.
Be proud of being an Indian!
STILL BEING TAMILIAN, I HAVE RIGHTS TO SAY MY THOUGHTS
Tamils in SL is not Indian citizen but they migrated long back still have culture,family relation in India. Rajive got assassinated because he is trying to implement unpopular/unacceptable foreign policy in SL simply by trusting his popularity (he deserved for his mistake) One Sikh killed Indira but we accept another Sikh as our PM. It is Indian gov. lobbied efforts to ban LTTE by western country. they are well organized, disciplined and high tech group. some people raise another issue, they recruited young children to fight, we all are talking so called democartic India, still encouraging child labor every where in India. Srilanka Government boldy refusing all western country pressure, even United Nation (UN, this is pice of shit in the trash) unable to convience SL gov. because it is backed by Indian gov. or you may called Sonia gov.
Bottom line is Sonia is taking revenge on Tamils by supporting SL gov., after all she is from the country that killed Jesus.
We already denounced India, I am carrying Indian passport with shame.
see the link below,
http://www.youtube.com/watch?v=2McxGpfoUM0&feature=related
This post clearly shows your poor judgement, please start viewing/analyzing politics and history beyond your group/creed/clan's interest.
Be proud of being an Indian!
krish2005
01-14 03:03 PM
I was tweeting with an attorney from boston. She says that the memo does not do any good for a H1B resource working at a third party site though employed under a desi consulting company. :(
amitjoey
01-14 12:24 PM
Let us all promise ourselves that we will not get personal with each other. No abusive, foul language.
We can disagree with each other but we have to watch our tone and not engage in personal attacks.
We can disagree with each other but we have to watch our tone and not engage in personal attacks.
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