pappu
04-07 05:35 AM
Guys,
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
There is going to be no difference whether you
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
So take this seriously and do not underestimate this.
And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.
Infact, this affects everyone.
Students looking for new H1B
Students on OPT
H1Bs getting extensions
H4s transferring to H1Bs
and all H1Bs indirectly and directly
Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.
wallpaper Raindrops on a taro (yam) leaf
punjabi
08-05 02:00 PM
A farmer walked into an attorney's office wanting to file for a divorce.
The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
The farmer said, "Yea, I got about 140 acres."
The attorney said, No, you don't understand, do you have a case?"
The farmer said, "No, I don't have a Case, but I have a John Deere."
The attorney said, "No you don't understand, I mean do you have a rudge?"
The farmer said, "Yea I got a grudge, that's where I park my John Deere."
The attorney said, "No sir, I mean do you have a suit?"
The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
The farmer said, "No sir, we both get up about 4:30."
Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
And the farmer says, "Well, I can never have a meaningful conversation with her!"
The attorney asked, "May I help you?" The farmer said, "Yea, I want to get one of those day-vorces." The attorney said, "Well do you have any grounds?"
The farmer said, "Yea, I got about 140 acres."
The attorney said, No, you don't understand, do you have a case?"
The farmer said, "No, I don't have a Case, but I have a John Deere."
The attorney said, "No you don't understand, I mean do you have a rudge?"
The farmer said, "Yea I got a grudge, that's where I park my John Deere."
The attorney said, "No sir, I mean do you have a suit?"
The farmer said, "Yes sir, I got a suit. I wear it to church on Sundays."
The exasperated attorney said, "Well sir, does your wife beat you up or anything?"
The farmer said, "No sir, we both get up about 4:30."
Finally, the attorney says, "Okay, let me put it this way. WHY DO YOU WANT A DIVORCE?"
And the farmer says, "Well, I can never have a meaningful conversation with her!"
yabadaba
08-11 08:24 AM
http://www.flcdatacenter.com/CaseH1B.aspx
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
2011 Amazing Raindrops Wallpapers.
ilwaiting
04-09 11:46 AM
Yes you are correct. Employee has nothing to do with the Abuse. More over most of the employers have nothing to do with the abuse as well. Lawmakers must get their facts straight before imposing such foolish laws.
Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.
That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?
In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask
1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc
2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?
Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.
Pete, I am myself a manager at a leading company and do not fit into the typical "consultant" profile.
That does not mean I want more shackles on myself because I feel someone is abusing the system. If someone (employers) are abusing the system, go after them - why do you want to go after the employee who, in a lot of cases, has nothing to do with the abuse?
In fact, if this bill passed in its current form, it will probably not affect me but I will still oppose the bill - why, because it goes against my fundamental belief of freedom of movement. If the senators want to reform the system, may I ask
1. Why prevent H1Bs from joining legitimate consulting companies such as Deloitte, IBM, BCG etc
2. Why should H1B's pay Social security and medicare when they are "temporary" and do not get a dime back?
Think of the bigger picture and then about your own objectives - I am sure you are a well educated person and you will understand the consequences of arbitrary decision making based on vested interests.
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validIV
06-26 10:20 AM
Renting is not throwing money away..why ? for one - you get a place to stay, flexibility, maintenance / property tax paid by property owner, you can rent closer to your work and move around as per needs etc etc.. housing has its own benefits (but renting has its own too .."it is not as easy as saying renting is throwing money away" ..I have been asked to write about this in detail in the IV wiki ..will post a link here later
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
ok if its not throwing money away, how do you get the money back you spent on renting? Nothing you said above answers that question.
satishku_2000
05-16 07:08 PM
Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .
Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
I am talking about people whose permanent labors are approved but they can not get green card for whateever reason. My labor application for future job was applied 3 yeags ago in the past As per my employer job was available 3 years ago and government took its own time to adjudicate the application. Does my last statement sound illogical? Your analysis is same , I mean illogical .
Who knows what bills congress is going pass and not . I would rather live with status quo rather than things getting worse for me . They dont even let me file for 485 because of per country limits etc...
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ssa
06-24 06:18 PM
You should compare only the interest part of your mortgage payment when comparing with rent.
Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.
In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.
Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.
In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.
2010 Winter Raindrops desktop
Macaca
02-22 11:39 AM
Lou Dobbs makes 6+ Mils and gives his opinions on the best news network at close to prime time. We are rotting in retrogression. Most of us are tiger on IV forums but can not even wimper on non-IV forums.
The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.
Please post fact based opinions at non-IV forums.
The utility of these opinions on IV forums is debatable, at best. However, It will help us if we can convince others that they are not getting the facts from Lou Dobbs and give them the facts.
Please post fact based opinions at non-IV forums.
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riva2005
04-09 11:41 AM
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
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NKR
08-06 08:55 AM
Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.
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yibornindia
08-05 12:02 PM
This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
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JunRN
06-07 01:39 AM
Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?
No one will argue with you about buying a house for yours kids pleasure though.
If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
No one will argue with you about buying a house for yours kids pleasure though.
If you look at the details I posted, only $1050 goes to interest, insurance, and taxes. $400 goes to the principal. So, compared that to my $1200 rental, it is still wise choice. Isn't it?
As per Zillow estimate, the value of the house I bought already appreciated by $10k above the purchase price.
For the sake of discussion that it did not appreciate in the next 10 years (which I doubt because there's no other way to go but up) but the value stayed at purchase price, as per my amortization schedule, my loan would be at 75% of the purchase value. It means therefore that I already have a 25% equity of the house, which is $60k.
If I saved the $250 per month at zero interest, I would have $30k. I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
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GCKaMaara
12-17 04:24 PM
LOL!
Nice to see some light moments here :)
Nice to see some light moments here :)
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xyzgc
01-03 05:02 PM
When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.
I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.
Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.
Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...
Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.
I think before we get into the generics of bribery and corruption - we should examine it from the context of the lack of security. Blaming the local police force for everything wrong that goes on is a natural reaction. This was my initial reaction too.
Yes, the Bombay police has not been effective but you must realize that when the police is underpaid, they will remain incompetent I'm not justifying bribery and corruption, just trying to suggest that provide them with proper arms and give them proper remuneration. Most of the retired police commissioners have also complained of lack of free hand and interference by officious politicians.
Major Unnikrishanan received a paltry compensation of Rs 500k with humiliation to his father as a bonus. Abhinav Bindra - an olympic gold medalist - received Rs 5 million.
Is there a sense of proportion? Obviously, we don't care for our fallen heroes, we don't care for our security forces...
Would you rather be a sportsman or a Bombay policeman/a commando? Decide for yourself.
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![wallpaper raindrops. Black raindrops [Wallpaper] by](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_uLEyytsYUn1SWW1J83FcE3Ssw4KfZo545quct0X-w38xcU3awele2rcgiqxCFEF0BTaxu66oz54UOL8qWdRt8pIexMAX8WgoQTZ0ns8IV6l4edkuCgxXGBU6E0XNF-ow=s0-d "Black raindrops [Wallpaper] by")
vbkris77
03-25 12:49 AM
As a matter of fact, any one if trained properly can do any job..
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?
Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...
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GC_Geek
07-08 06:30 PM
I havent read the thread entirely, but a friend of mine came across similar issue as your husband's previous GC denail.. my friend handled it with FMLA as my friend was away from his job for a long period for his father cancer treatment in India.
I am just throwing this idea, you may want to mention this with your lawyer.
also if you want to know more about this FMLA thingy.. Pl PM me.
BTW, I wish you all the best in this critical time, my prayers are with your family...
I am just throwing this idea, you may want to mention this with your lawyer.
also if you want to know more about this FMLA thingy.. Pl PM me.
BTW, I wish you all the best in this critical time, my prayers are with your family...
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nojoke
01-04 05:06 AM
OK.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Let me try. I still have one day more before I start working again.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.
But I still can't figure out what your argument really is.
Lets agree to disagree, I suppose. Let me know, if you can, what exactly and specifically it is that you didn't like about what I said.
Let me try. I still have one day more before I start working again.
We said 'can you hand over Dawood him'. You said he is past. How is being past meant that his crimes go unpunished? You then say no extradition treaty. So if we give proof for the Bombay incident, how are you going to take action, if you have not done yet for the past incidents. I just don't get it.
We want see if we can trust you. You don't won up, yet you won't punish and infact you seem to protect these guys.
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gcgreen
08-06 02:16 PM
But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I don't think Rolling flood is debating the eligibility of 5 years experience post Bachelors for EB2. The point here is about porting which enables one to retain the priority date from the EB3 application which maybe required Bachelors + 0 years. To balance things out why not give a person who acquires a Masters or PhD a few years in terms of priority date.
Note that I have no personal gain from any of the above happening. :)
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pmb76
07-14 04:29 AM
IV core,
Pani's letter completely undermines IV's initiatives. IV has to move in one single direction not in 10. If this guy wants to send a letter he should not be allowed to send it using IV's banner. Please request this guy to either stop this letter campaign or NOT use IV's name. I do not understand how jokers like Pani are tolerated by IV. IV must disown this guy and his dangerous campaign.
Pani's letter completely undermines IV's initiatives. IV has to move in one single direction not in 10. If this guy wants to send a letter he should not be allowed to send it using IV's banner. Please request this guy to either stop this letter campaign or NOT use IV's name. I do not understand how jokers like Pani are tolerated by IV. IV must disown this guy and his dangerous campaign.
psvk
08-05 04:48 PM
Well said I was eligible for both EB2 and EB3 when my GC labor was filed - my employer filed it in EB3 because the queue is longer and i remain with them for longer duration. I had about 390 days of H clock left so arguing with that employer and finding another one was also not an option because for getting H extension beyond 6 yrs needs the GC labor to be more than 365 days old.
javadeveloper
08-02 12:35 PM
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
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