smuggymba
11-15 01:55 PM
Should there not be a separate Green card quota for anyone with a USA Masters Degree in any field?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
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angelfire76
12-03 03:47 PM
Interpretation of a rule or law is not absolute but in context. Your lawyer seems to have forgotten that and is generalizing a ruling.
What has the ruling said: There will be an audit for business necessity if the job requirements exceed the Zone requirements the job is in.
IT occupations include various senior level positions too which require several years of work experience and advanced degree. As long as the sponsoring company is able to prove that they need a person having those qualifications/skills the labor is likely to be approved under EB2.
Non-IT Masters degrees do not automatically come under EB2 either, as one of the members thinks it will. If that is truly the case, then the DOL might be soon looking at a lawsuit challenging the premise that non-IT occupations are somehow more demanding and require more preparation and experience, which warrants that it be placed in EB2.
What has the ruling said: There will be an audit for business necessity if the job requirements exceed the Zone requirements the job is in.
IT occupations include various senior level positions too which require several years of work experience and advanced degree. As long as the sponsoring company is able to prove that they need a person having those qualifications/skills the labor is likely to be approved under EB2.
Non-IT Masters degrees do not automatically come under EB2 either, as one of the members thinks it will. If that is truly the case, then the DOL might be soon looking at a lawsuit challenging the premise that non-IT occupations are somehow more demanding and require more preparation and experience, which warrants that it be placed in EB2.
WAIT_FOR_EVER_GC
07-12 02:57 PM
Will it come today?
Tommorow or Thursday
Tommorow or Thursday
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eb3_nepa
06-20 09:57 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
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LostInGCProcess
11-10 03:42 PM
Gurus,
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
Thanks in advance for your replies
Once you have started using EAD your H4 status is invalid. There is no process to notify this to USCIS. So, USCIS would not know when you changed from H4 to EAD. However, if they audit your case, they can easily find out about it....that's a different story.
I don't understand why you want to enter on H4 status and work on EAD as soon as you enter US...thereby invalidating the H4, since you are not complying with h4 status.
adde72
03-15 09:25 PM
3 options
1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4
2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost
3) Request PP of extension and 99.9% of time 539 is approved along with 129.
I will add more info as I find.
HTH
Hi nixstor,
Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .
My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
Any issues with that approach?
1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4
2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost
3) Request PP of extension and 99.9% of time 539 is approved along with 129.
I will add more info as I find.
HTH
Hi nixstor,
Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .
My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
Any issues with that approach?
more...
CantLeaveAmerica
06-18 07:05 AM
Besides not signing this so called contract
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
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Jamin
10-07 12:04 PM
Looks like if the LUD didn't happen on the day or the following day of the FP, it won't happen at all for FP.
My FP was done on 20th Sep and no LUDs at all. My 140 is also not approved yet I first thought maybe that is the reason for no LUDs after FP. But I see so many of you not getting LUDs...
No LUD Update (NSC) for the last 2 days after FP. But EAD card has been ordered. Its very difficult to predict how they operate.
My FP was done on 20th Sep and no LUDs at all. My 140 is also not approved yet I first thought maybe that is the reason for no LUDs after FP. But I see so many of you not getting LUDs...
No LUD Update (NSC) for the last 2 days after FP. But EAD card has been ordered. Its very difficult to predict how they operate.
more...
smuggymba
08-16 08:27 AM
Is this call GC specific questions related or can we ask OPT/H1/Cap Gap questions also?
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samirpatel08
08-04 09:47 AM
How can I do it? I could not find an option to change it.
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kufloyd
06-13 08:22 PM
Kufloyd: Did you also see a change in LUD on your spouse's (assuming you filed for dependent) I-485?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
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furiouspride
08-08 12:06 AM
@kkn006,
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
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h12gc
10-16 05:42 PM
gc_chahiye,
Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.
The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.
I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.
Thanks,
h12gc
Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.
The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.
I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.
Thanks,
h12gc
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gcnirvana
05-30 01:25 PM
call ur airport, I remember a friend got his I94 extended based on new I797 at the airport.
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
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bbct
02-17 05:51 PM
Also be prepared for a backlash ..make sure you have your bases covered.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
-good luck
kris
I have an email reply saying -
1) They are not going to provide a corrected W2 since they changed the payroll company starting 01/01/2009
2) The HR has asked me to report those wages even without a W2
3) They also wrote they have not received the Insurance Company payment statements which was not true because the Insurance Company did mailed those documents in the 2nd week of January and the HR also confirmed over the phone that they have received.
I have the statements from the Insurance Company that shows SS and Medicare taxes withheld. The statements also say it should be reported in the year end W2. I have also faxed the Insurance Company statements to them and have a confirmation report.
I really didn't want to file a complaint but since my wife has to receive W2 for the next year 2009 also, I felt they might do the same next year.
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Dj-Studios
05-17 02:34 PM
Thx everyone. Can't wait to see the return.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
Is my week up yet CG? Lol My rep here is becoming bad now cause i\of the message.:D
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chanduv23
07-10 08:53 PM
Bad roumors become true - not good ones :rolleyes:
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Winner
03-16 01:13 PM
I saw a similar thread in one of the anti-immigration forums.
It was about members of immigration voice using filthy language in public forums. Don�t remember the exact words but it read something like �is this kind of third world behavior we get by bringing in so-called HIGHLY SKILLED immigrants to USA?�
It was about members of immigration voice using filthy language in public forums. Don�t remember the exact words but it read something like �is this kind of third world behavior we get by bringing in so-called HIGHLY SKILLED immigrants to USA?�
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smsthss
11-19 02:03 PM
i mean it did say about my previous exp but the position for which the LC was certified did not need exp.. thats how the govt off advertise it seems.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
HV000
04-02 07:33 PM
AILA - USCIS MEETING MINUTES - APRIL 2,2008
* Multi year EAD - Under Review
* Multi year AP - Under Review
* Combined EAD & AP Document - Under Review/Testing
* Reinstating Premium Processing of I-140 Petition - No Timeline Given
http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf
* Multi year EAD - Under Review
* Multi year AP - Under Review
* Combined EAD & AP Document - Under Review/Testing
* Reinstating Premium Processing of I-140 Petition - No Timeline Given
http://www.uscis.gov/files/nativedocuments/AILA_2Apr08.pdf
bhavana
05-24 01:18 PM
Fax sent
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