desi3933
01-22 08:12 AM
......
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
A challenge by H1B employers may be required ....
That is correct. Since H1-B petition is filed by employer, it can only be legally challenged by the employer only. Employee is beneficiary and therefore has very limited legal rights to challenge even if petition is denied.
Now, consider this hypothetical example, on practical note, if an employer files a legal suit, the employer must be able to defend his H1-B obligations for all its employees. That includes paying H1-B wages on "bench", H1-B worker working on sites specified by LCA, reporting to USCIS when H1-B worker resigns or is fired. This could be problematic for many small-time job-shops (aka body-shoppers).
________________
Not a legal advice.
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gc_chahiye
11-02 12:53 PM
FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.
most of us came here to save money. Blowing away all our savings by chartering a A380 on the way back, is kind of ironic... 7 years in the US and all I have to show for it, is this T-Shirt saying I flew on flight IV-A380. :rolleyes:
(just a joke, please spare me the flames)
most of us came here to save money. Blowing away all our savings by chartering a A380 on the way back, is kind of ironic... 7 years in the US and all I have to show for it, is this T-Shirt saying I flew on flight IV-A380. :rolleyes:
(just a joke, please spare me the flames)
dkin007
01-19 10:15 AM
I will contribute to fight this in all possible ways.
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smartboy75
09-30 02:52 AM
I've already got my GC approved in Feb. 2007.
hey wawa...
That is so strange.....Our dates also match...I too got an email on 28th September ...this is so bizzare..,,have you received the notice from USCIS ?? Since you have an aproved GC it sounds even more bizzare ...please keep me posted of any developements and I will do the same ...
hey wawa...
That is so strange.....Our dates also match...I too got an email on 28th September ...this is so bizzare..,,have you received the notice from USCIS ?? Since you have an aproved GC it sounds even more bizzare ...please keep me posted of any developements and I will do the same ...
more...
realizeit
06-12 02:51 PM
I posted this before, but got nowhere (read: did not get the answer I hoped for), hopefully people with little bit more legalese can answer on this discrepancy.
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".
Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.
Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?
If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".
See the following link for explanation:
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Excerpt from above link
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
kumar1
10-03 09:56 AM
My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.
All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.
more...
alterego
10-29 08:52 AM
@alterego
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "
Bluekayal,
Sorry to hear about your loss of PD etc. However, the fact that you survived and still hanging in there shows you will prevail. On an optimistic note, the recently released USCIS data seem to suggest that their PD movement is more data driven this time and getting to your newer Eb2 PD, while it will still take time, may not be as long as previously thought especially in this economy with fewer applicants in general. I was pleasantly surprised to see them maintain EB2I cut off dates into Nov. If they set dates anything close to sensibly, they should never need to retrogress by many months or years like in the past. The article about low workloads at NSC recently was quite revealing. Whatever they say now, spillover will be substantial this year end in my view. Since they have finally since last year started to interpret spillover rules the way they were meant to be used, I think EB2I will be the primary beneficiary.
I would however have the following advice for you, in the interim while you are waiting, keep on them, follow up every RFE after you respond, follow every fingerprint with a phone call, get familiar with your congressman/womans immigration aide, open a service request if you are eligible to do so. In general get your case organised as much as possible before. If you get information that you were pre approved, that would be useful, but even then keep on them as soon as your PD is current. In general with the USCIS, assume they will make an error, if you can conceive that they will make one and sometimes even when you can't imagine how. I can certainly tell you they are not well organised.
Good luck.
I remember that night....since then I lost my 2004 PD, had many hopes dashed, got laid off and so on...but still here, Enjoy your Green!
"I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be. "
Bluekayal,
Sorry to hear about your loss of PD etc. However, the fact that you survived and still hanging in there shows you will prevail. On an optimistic note, the recently released USCIS data seem to suggest that their PD movement is more data driven this time and getting to your newer Eb2 PD, while it will still take time, may not be as long as previously thought especially in this economy with fewer applicants in general. I was pleasantly surprised to see them maintain EB2I cut off dates into Nov. If they set dates anything close to sensibly, they should never need to retrogress by many months or years like in the past. The article about low workloads at NSC recently was quite revealing. Whatever they say now, spillover will be substantial this year end in my view. Since they have finally since last year started to interpret spillover rules the way they were meant to be used, I think EB2I will be the primary beneficiary.
I would however have the following advice for you, in the interim while you are waiting, keep on them, follow up every RFE after you respond, follow every fingerprint with a phone call, get familiar with your congressman/womans immigration aide, open a service request if you are eligible to do so. In general get your case organised as much as possible before. If you get information that you were pre approved, that would be useful, but even then keep on them as soon as your PD is current. In general with the USCIS, assume they will make an error, if you can conceive that they will make one and sometimes even when you can't imagine how. I can certainly tell you they are not well organised.
Good luck.
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fatnslow
06-19 12:39 PM
Just wondering, how do you actually skin it? New layers etc, how do you apply colors etc etc. Just a small question from a PS noob :P
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gcisadawg
04-09 03:17 PM
not sure, but one doctor said its absolutely OK to get a TB test during preg...so we looked for an other doc...
OK, it seems like it depends on the doctor. Anyways, i'll check with my immigration doctor and see what happens.
OK, it seems like it depends on the doctor. Anyways, i'll check with my immigration doctor and see what happens.
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jnraajan
03-13 05:10 PM
jnrajaan: Thank you for your critical feedback, it is useful.
Just a quick clarification. The time line extension for Admin fix letter campaigned was requested by various state chapter volunteers including myself, abhijit and others. The reason was the traction they were gaining after volunteering on the ground for few weeks. The idea was to leverage that instead of just ending the admin fix letter campaign on a fixed date.
I agree with the reasons behind it, now that I know it.
Just so, everyone understand, I am not trying to find fault with IV or its members. I am trying to do, what you can call, soul searching.
We have around 25000 members. Why only 25000, when we know there are millions out there in the same boat. What is stopping them from joining IV and contributing? Of all these 25000 or so members, we only have around 4000 letters sent for Admin fixes.(May be I am wrong about this number, but I believe it is around that range.) What is preventing the others from doing so?
I strongly believe, that the answers to these questions might help IV in the long run, with more members and possibly more active members. Once we get to that point, IV will no longer be an organization, but it will be a MOVEMENT. Chances of success for a movement is always better than that of an organization. That is what I believe we should try to achieve. I hope everyone agress with that.
Thanks
Just a quick clarification. The time line extension for Admin fix letter campaigned was requested by various state chapter volunteers including myself, abhijit and others. The reason was the traction they were gaining after volunteering on the ground for few weeks. The idea was to leverage that instead of just ending the admin fix letter campaign on a fixed date.
I agree with the reasons behind it, now that I know it.
Just so, everyone understand, I am not trying to find fault with IV or its members. I am trying to do, what you can call, soul searching.
We have around 25000 members. Why only 25000, when we know there are millions out there in the same boat. What is stopping them from joining IV and contributing? Of all these 25000 or so members, we only have around 4000 letters sent for Admin fixes.(May be I am wrong about this number, but I believe it is around that range.) What is preventing the others from doing so?
I strongly believe, that the answers to these questions might help IV in the long run, with more members and possibly more active members. Once we get to that point, IV will no longer be an organization, but it will be a MOVEMENT. Chances of success for a movement is always better than that of an organization. That is what I believe we should try to achieve. I hope everyone agress with that.
Thanks
more...
whitecollarslave
01-30 06:13 PM
Here is another question. Its about leadership but uses immigration as an example.
"This is just one example of our political status quo: America's LEGAL immigration system is in dire need of a reform. Even though the members of Congress agree to that, they are not able to or not willing to bring about such a reform. Their hands are tied because of a certain powerful focus group who won't allow ANY immigration reform unless it encompasses a comprehensive reform of a well-known controversial issue. Innocent people always get hurt in a war. And in this conflict its the legal immigrants, who have not broken any laws, are the ones who are suffering the most. Senator Obama, as the President of the United States, what will you do, so that the voice of the people can be heard and their problems solved instead of selected powerful groups bullying the lawmakers?"
Please vote. We need have people talking about our problems. We need to bring awareness about the difference between legal and illegal immigration. The likes of Dobbs often confuse the two.
Send the letters and vote for these questions.
Thanks!
"This is just one example of our political status quo: America's LEGAL immigration system is in dire need of a reform. Even though the members of Congress agree to that, they are not able to or not willing to bring about such a reform. Their hands are tied because of a certain powerful focus group who won't allow ANY immigration reform unless it encompasses a comprehensive reform of a well-known controversial issue. Innocent people always get hurt in a war. And in this conflict its the legal immigrants, who have not broken any laws, are the ones who are suffering the most. Senator Obama, as the President of the United States, what will you do, so that the voice of the people can be heard and their problems solved instead of selected powerful groups bullying the lawmakers?"
Please vote. We need have people talking about our problems. We need to bring awareness about the difference between legal and illegal immigration. The likes of Dobbs often confuse the two.
Send the letters and vote for these questions.
Thanks!
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amitjoey
01-31 12:49 PM
can u provide a link. This rule is bad for AILA because of the loss of revenue and hence they were against it. But since this is in the "Final Rule Making" process there's not much they can do. BTW u don't need to have the I140 approved for the LC sub to go thru. U just need the labor substitution approved stamp before the rule gets published.
go to aila.com, then go to "additional recent postings" (approx - center of page-under -just posted-greyed link) look for -
Rumor of the Day:
go to aila.com, then go to "additional recent postings" (approx - center of page-under -just posted-greyed link) look for -
Rumor of the Day:
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desi485
02-18 01:20 PM
any one?
I am sure most JULY filers will have this question for travel.
I am sure most JULY filers will have this question for travel.
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hfisa
05-09 07:00 AM
I am also shopping for my parent's insurance coming to US next month. I found the coverage by TATA AIG better than ICICI. The HMO plans for Kaiser is also good but expensive. United Health care does not provide insurance if the applicant doesn't have SSN.
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cygent
01-31 03:41 AM
its at 20, lets move it to top 5!
FYI: You voted NO in this, could you change that?
FYI: You voted NO in this, could you change that?
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smartboy75
09-30 03:06 PM
Hi Smartboy75 & Wawa, I also received the same update on Sep 28th ,I am in pending h1b transfer and uscis tried to reopen my previous approved h1b .
I am June filer and got all the receipts. Please keep me posted as well.
Appreciate your inputs.
Hey prince ...
just like my case...H1 transfer pending and case reopened on previous approved H1b....I would request everybody to keep an eye on all your H1 approvals, past and present, so that in case you guys have the same issue ..you can quickly search this tread for feedback....
I am June filer and got all the receipts. Please keep me posted as well.
Appreciate your inputs.
Hey prince ...
just like my case...H1 transfer pending and case reopened on previous approved H1b....I would request everybody to keep an eye on all your H1 approvals, past and present, so that in case you guys have the same issue ..you can quickly search this tread for feedback....
more...
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santb1975
06-02 12:07 PM
Please make your calls. This is for everyone. Please take the poll after you called. Thx
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
Since all the reps are from California, Is this only for California members?
If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).
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acecupid
07-11 06:33 PM
Does anyone have idea when AILA will file the lawsuit ?
ramaonline
04-28 01:41 PM
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
jthomas
01-13 07:15 AM
I had signed in but don't know how to vote. The link you mention below does not work either.
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
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