gomirage
06-07 04:56 PM
The above story should not come as a shock to anyone. This is just economics laws coming to to play. This keep going until the market finds it equilibrium point, where there are enough people that can afford the supply. This can happen in 2 ways. either income rises for people to afford the prices or prices fall low enough for people to buy. High skilled immigration can provide answers in scenario 1, low skilled immigration may be an answer in scenario 2.
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shensh
04-09 10:03 AM
There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.
If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.
ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.
I don't think this bill is going pass successfully.
Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.
If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.
nk2006
09-30 02:59 PM
I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.
That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.
That is right - most of these rejections seems to be because of I140 revocations - but as per AC21 this should not result in outright rejection and candidate needs to receive a NOID - this is a result of mis-interpretation of USCIS rules by their own staff and is an administrative issue which needs to be fixed by USCIS.
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satishku_2000
05-16 05:12 PM
Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.
What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?
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unitednations
08-03 08:25 PM
Here is my case details
In US from Feb 2000 - till date
PD :Aug 2002
I140 approved on Aug 2004 (no rfe)
I485 rcpt :sep 2005 pending for approval...
worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.
Applied I485 on
2005. I guess my attorney filed my 2003 w2 with my i485 petion.
I chaged from company A to company B on 2005
Will im in trouble? UN or somebody can please help?
You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.
In US from Feb 2000 - till date
PD :Aug 2002
I140 approved on Aug 2004 (no rfe)
I485 rcpt :sep 2005 pending for approval...
worked with Company A and 2002,2003 w2's are way too low 9k and 25k. Went to home country for vacation 3 times on 2004, 2005.
my 2000,2001, 2004,2005,2006 till looks okie.. I dont have any other overstay or other issue.
Applied I485 on
2005. I guess my attorney filed my 2003 w2 with my i485 petion.
I chaged from company A to company B on 2005
Will im in trouble? UN or somebody can please help?
You should be ok. don't know why your attorney would have proactively send in the 2003 w2 when it hurts more then it helps. Looks like you were one of the unlucky few who didn't get approval in early july.
NKR
07-14 03:52 PM
---------------------------------------------------------------------------
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
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NKR
08-05 04:21 PM
I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?
I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.
I think it is all subjective. You ask �Do years spent doing MS/Phd have no value?�. A person who has 5+ years experience will ask �Do years spent working have no value?�.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say � No dude, I did not have money, I worked for 2 years and then got into MS�, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.
I think it is all subjective. You ask �Do years spent doing MS/Phd have no value?�. A person who has 5+ years experience will ask �Do years spent working have no value?�.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say � No dude, I did not have money, I worked for 2 years and then got into MS�, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
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soni7007
08-06 02:42 PM
yes, ofcourse it makes a difference for lot of people, i was just stating my case.
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
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gimme_GC2006
03-24 01:08 PM
USCIS adjudicators follow a manual and very specific set of procedures as laid out by their headquarters. Sometimes in the gray areas or areas of interpretation they are given wide latitude in how to interpret those rules.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
The point is..these are the same questions and documents Officer asked me when I went for Personal interview..
I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).
They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc
There was a step in their manual, which prompted them to check visa bulletins for
a) the date 485 was filed
b) for the date interview was being held.
However; document list and procedure for getting them is very prescribed. When person posts of their experience with USCIS and it is very different then what their policies, procedures are then it makes it very suspicious...
Everything you have posted falls in line with department of labor audit and not local uscis office interviews or requests for information from local office interviews.
If what you are saying is accurate then you and your company should have consulted with your attornies and specifically asked for this in a request for evidence and assessed the legality of this request and pulled the officer back and sent in only what was required by law.
California service center back in 2004/2005 was denying 140's due to "temporary job" issue. Lawyer stupidly in replying to ability to pay part of rfe sent in contracts like you do in H-1b and put it in front of uscis that the contracts were temporary. USCIS had no choice but to deny the 140's and this was one of those issues (one of the people actually had their approved 140 reopened and denied for this issue). That particular company had 35 straight denials over this issue.
The point is..these are the same questions and documents Officer asked me when I went for Personal interview..
I showed what I got and I said I dont have for what I didnt had..Officer was fine..basically they were going by what is written in Biographic form (g325a).
They may look like DOL process but yeah, per their field manual they are supposed to check..now dont ask me how do I know whats in their field manual..she had field manual open on her desk...it has steps..do this..check this..check that..step 1..step 2..etc
There was a step in their manual, which prompted them to check visa bulletins for
a) the date 485 was filed
b) for the date interview was being held.
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waitnwatch
08-05 03:18 PM
If someone is eligible to port to a higher category they will rightfully do so. Your post seems to imply all PD porting is through shady means. Grow up buddy!
You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............
You've got me wrong - if folks think they are entitled to EB2 for a particular "FUTURE" job what stops them from getting a "FUTURE" job description to fit EB-1. After all it's all in the "FUTURE"..............
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paskal
07-14 05:37 PM
Thanks. I will look into it further when I get a chance. the number of GC granted in a year is complicated- and for the moment I speak offhand so correct me if needed. Till 2005, the recapture clouded the numbers. After that EB3 benefited from a Schedule A recapture that went almost entirely to EB3, a lot to EB3 Philipenes and a good chunk to EB3 India.
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
Paskal,
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....
AFAIK last year though, once that was ll over and vertical spillover was implemented, EB2/EB3 Inid should both have got only the strict country quota mandated GC numbers.
Anway- offhand as I said...gotto rum.
Paskal,
Your post made me look again into the text. Alright, I see some things now, doesnt fully explain the lack of EB3 numbers but let me summarize..
EB2-ROW-> EB2(general-pool). I have always conceded that this should be the case. (for those who disagree, see my initial posts).
My point always has been on the spillover of EB1 numbers, that very clearly is to be shared amongst EB2 and EB3 (and if you apply USCIS "new" yard-stick), this will be first-come-first serve, so pretty much will help the most regressed category. However, it is my contention that in making the change of the Veritcal/Horizontal spillover (is there any "memo" on this?), USCIS went a step further than what they should have done. They denied EB1 spillover to EB3.
For the rest EB3ers, here is the relevant post that supports EB2-ROW to Eb2->general-pool. But it does not say anything about EB1 numbers
"If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limit ....
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unitednations
03-25 12:41 PM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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brad_sk2
01-06 02:19 PM
News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs
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gcgreen
08-06 12:59 PM
Same as you, I saw your post and couldn't help responding :-)
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
more...
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NKR
07-14 03:52 PM
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I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.
If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.
Your supply and demand theory for EB3 I could be true.
dresses PHOTOS: Paris Hilton Denies
puddonhead
06-05 07:47 PM
>> US does not produce any consumer goods, its all China..if you don't produce you don't sell and if you don't sell you don't make an income, and if you don't make an income you don't pay taxes...plain and simple. So, what do we do, Borrow and spend.. but remember, the interest obligations will grow to suck the dollars away from goods and services that it purchases. (Folks are in China now )
I believe this is oversimplified. You are completely ignoring the value of knowledge properties and innovation.
Lets take the example of Boeing. 20 years down the line - it may decide that manufacturing may make more sense in China and relocate its factory. However, my belief is that it will be very difficult for Boeing to relocate all of its knowledge workers. The low levels ones are easy to relocate. But the key innovators will continue coming from the US education system. The next generation of ceramic or alloy materials to build components will be invented in US 90% of the time (It may be a bold claim - I will substantiate this in more detail later).
If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.
Now to my big assumption/comment about the unassailable lead in innovation.
US is unique in that it allowed the best people from all over the world immigrate and let all ideas mingle to create great ones. No other country allowed this. No other country is even in the horizon to be doing that in the next 100 years. There are so many tech workers in Bangalore and so many manufacturers in China - how many latest innovations did you see coming from there? Unless Bangalore/Shanghai becomes the next hub for people all over the world to come in and synthesize ideas - they will never replace the US. I dont see that happening any time soon.
And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.
I believe this is oversimplified. You are completely ignoring the value of knowledge properties and innovation.
Lets take the example of Boeing. 20 years down the line - it may decide that manufacturing may make more sense in China and relocate its factory. However, my belief is that it will be very difficult for Boeing to relocate all of its knowledge workers. The low levels ones are easy to relocate. But the key innovators will continue coming from the US education system. The next generation of ceramic or alloy materials to build components will be invented in US 90% of the time (It may be a bold claim - I will substantiate this in more detail later).
If the key innovators/management are in/from US - a lot of the profit of this corporation would stay in the US - either in the form of taxes or return paid to shareholders. In fact, I would argue that the intellectual properties (that US would "own") will be more valuable than the value addition from the grunt work in China/India. So your comment suggesting that US is no longer adding any real value to the world economy is probably misplaced.
Now to my big assumption/comment about the unassailable lead in innovation.
US is unique in that it allowed the best people from all over the world immigrate and let all ideas mingle to create great ones. No other country allowed this. No other country is even in the horizon to be doing that in the next 100 years. There are so many tech workers in Bangalore and so many manufacturers in China - how many latest innovations did you see coming from there? Unless Bangalore/Shanghai becomes the next hub for people all over the world to come in and synthesize ideas - they will never replace the US. I dont see that happening any time soon.
And what happens if the Lou Dobbs types are successful and US goes down the drain? Well - then all of us are well and truely screwed and the economy, its trends etc become meaningless. The world has many major issues to face in the next 100 years - global worming, over population, depleting natural resources etc. If there is no center of innovation any more (like the current US) - then all the calculations we do about economy and all will probably be irrelevant. When you are fighting for survival then economy does not matter - your next bowl of rice does.
more...
makeup Paris Hilton and Cy Waits at
Refugee_New
01-07 09:27 AM
Those who said, Hamas was hiding inside school and firing rockets, go check the fact in CNN.
U.N. 'sure' no militants at school hit by Israeli troops
http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.
U.N. 'sure' no militants at school hit by Israeli troops
http://www.cnn.com/2009/WORLD/meast/01/07/israel.gaza.school/index.html
Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.
girlfriend It#39;s a fun movie to go watch
Bpositive
01-06 04:50 PM
"They win people like you who would support killing on innocent civilians and school kids. "
You must be kidding me!!
You must be kidding me!!
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
eb2_hope
08-26 10:01 PM
Couldn't resist writing this one...for all of us with older priority date
Jaane woh kaise log the jinke
485 ko approval mila
hamne to jab bhi call kiya
humko RD/ND/PD ka jaal mila
Still praying ..
PD Dec 2004
& then on a lighter note...mera number kab aayega
Hamko bhi to lift kara de ..thodi si to lift kara de..
kase kason ko diya hai..jaise taise ko diya hai
Hamko bhi to lift kara de ..thodi si to lift kara de..
Jaane woh kaise log the jinke
485 ko approval mila
hamne to jab bhi call kiya
humko RD/ND/PD ka jaal mila
Still praying ..
PD Dec 2004
& then on a lighter note...mera number kab aayega
Hamko bhi to lift kara de ..thodi si to lift kara de..
kase kason ko diya hai..jaise taise ko diya hai
Hamko bhi to lift kara de ..thodi si to lift kara de..
pete
04-09 08:43 AM
What is deep six??
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