senthil1
04-06 11:46 PM
Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
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saravanaraj.sathya
08-08 10:39 AM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
unitednations
08-01 10:48 PM
UN, can you please reply? Thanks!
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.
There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?
One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.
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unitednations
03-24 02:39 PM
UN - why do you think USCIS allows
(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....
the list can go on
Why do you think people who are following law - not liked by USCIS?
I am not blaming USCIS or not poking at them or your interpretation.
I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.
Right now USCIS is giving everyone a hard time.
I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.
I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).
People really need to be careful right now.
(1) File for h1b from consulting company - when they think there is an issue
(2) Allow labor substitution - when they think it is not good
(3) Allow eb3 to eb2 porting - when they think it is not good
....
....
....
the list can go on
Why do you think people who are following law - not liked by USCIS?
I am not blaming USCIS or not poking at them or your interpretation.
I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.
Right now USCIS is giving everyone a hard time.
I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.
I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).
People really need to be careful right now.
more...
gc03
05-17 12:54 PM
learning01, I do not agree with you. You should better use different language. I am not here to promote or demote anyone.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
Let me ask you a quick question.
Have you contacted Lou Dobbs to publish our stories? probably not.
It's ideal to say thanks and indirectly ask him to publish legal immigration problems.
Refugee_New
01-07 03:54 PM
Thank you so much for the information although I think I never asked about the trinity or salvation or the return of the messiah (only said the yearning for that return should not be used to justify one people displacing another and taking their land).. I respect jesus.. all muslims do.. let god deal with us for not accepting jesus as his son and just please stop using him as a scarecrow and leave Mohamed alone too..
peace.
bfadlia, i sent you a PM. Respond me when you have time.
peace.
bfadlia, i sent you a PM. Respond me when you have time.
more...
dontcareanymore
08-05 02:33 PM
Friend,
Your questions are valid and great arguments.
Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.
Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).
Again thanks for your politeness, and showing brotherhood.
Here is my input.
you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
My 2 cents:
It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).
you said: How about Comparing job duties of all EB2s and EB3s
My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.
you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.
you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
My 2 cents:
you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.
Most importantly, you cant push people around, just be nice to people. Please.
I stand with you in this fight, but remember you stand with me too, and we stand together
to make a point for all.
Sorry , you can't hide your passive aggressiveness :)
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
Your questions are valid and great arguments.
Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.
Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).
Again thanks for your politeness, and showing brotherhood.
Here is my input.
you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
My 2 cents:
It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).
you said: How about Comparing job duties of all EB2s and EB3s
My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.
you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.
you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
My 2 cents:
you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.
Most importantly, you cant push people around, just be nice to people. Please.
I stand with you in this fight, but remember you stand with me too, and we stand together
to make a point for all.
Sorry , you can't hide your passive aggressiveness :)
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
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srkamath
07-13 12:16 PM
It may be possible to the Sec.of DHS or the President to issue an executive order to allow a "processing grace period" that extends the visa allotment past Sep30th for a given year for those cases where processing had already begun on or before Sep30th.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
This is a small incremental step - but it may help with using up a few 1000 extra numbers.
more...
ksvreg
03-23 02:21 PM
People who got GC are not facing any waves. That is why we need to get GC asap. If we struck in the GC process though we have a strong profile (careerwise, w2wise, taxwise, educationwise etc), we need to face waves like recession wave, backlog/perm wave, merging wave, economy wave, I140premium/nopremium wave, bipart wave, 2001 eb3stuck wave, magic visa bulletin wave, technology wave, visa stamping wave, uscis reform wave, dol wave, bulletin wave..
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kumarc123
09-26 09:20 AM
Hello there,
I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.
But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.
Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
Thanks
I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.
But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.
Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
Thanks
more...
sledge_hammer
03-23 01:24 PM
I'm not sure if its just me being a conspiracy theorist for a change, but I see that these types of phone calls and RFEs, etc are coming only to people that DON'T have a lawyer. Anyone else feels the same?
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unitednations
08-02 06:58 PM
this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.
People always read what they want to read.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.
People always read what they want to read.
Read the memo and they always mention "intent", "good faith".
USCIS always leaves significant wiggle room for themselves when they want to deny cases.
more...
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learning01
05-24 12:51 PM
still trolling Lou.
You can feel the vengence of Lou against immigrants in the tone, in the voice in the tenor and above all in the content and subject matter.
I can't sit quietly if someone on this forum speaks highly of Lou. But soon we must end this discussion, if Communique continues his rant. We need other things on the forum, like sending web fax #15, following senate live discussions. Such bill comes up only once in one's lifetime.
"Folks, please be more rational and thoughtful please ?"
I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D
Extremely one sided, hateful, demagogry, those words would be more accurate.
You can feel the vengence of Lou against immigrants in the tone, in the voice in the tenor and above all in the content and subject matter.
I can't sit quietly if someone on this forum speaks highly of Lou. But soon we must end this discussion, if Communique continues his rant. We need other things on the forum, like sending web fax #15, following senate live discussions. Such bill comes up only once in one's lifetime.
"Folks, please be more rational and thoughtful please ?"
I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D
Extremely one sided, hateful, demagogry, those words would be more accurate.
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pappu
07-13 11:37 AM
My thougts are, writing letter would not help, It will go to deaf ears. EB3-I status is not hidden to any one DOS/USCIS/DOL, but looks like no one is doing any thing for that.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
When USCIS can interpret so many things why cant they interpert to recapture unused visa numbers ?
I guess they will find some other way to mess up.
IV already met DOS, USCIS on visa recapture during our admin fix campaign. IV even met this official mentioned in the first post this thread in the letter. There was a long conversation with this official. IV even went higher up in the hierarchy of DOS to meet officials. Visa recapture needs to be done via a bill at this time.
more...
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h1techSlave
12-30 10:03 AM
When non-Indians complain that IV has become an Indian Voice, can we blame them?
Well, I have also participated in non-immigration related discussions in this forum.
Well, I have also participated in non-immigration related discussions in this forum.
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rsdang
08-22 11:56 AM
Once Indra Gandhi was invited by queen Elizabeth for a tea party.
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
Zail Singh wanted to know why he would not be taken to the ocassion by indra gandhi. Indra said that he did not have any table ettiqquette but she would train him for it. After six months of rigourous training, they went to the party.
After tea the queen kept her cup upside down while indra kept it the right way. Giani was utterly confused and so he kept his cup laying on its side. After the party indra wanted to know why he had kept his cup that way.
He asked the reason for her keeping the cup the right way and the queen keeping it upside down. She said"i wanted more tea and the queen didn't.
Why did you keep the cup on its side? Giani thought for a moment and said "my message was - agar chai hai to de do nai to koi gal nahin."
more...
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nojoke
04-14 01:14 PM
People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
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nojoke
09-29 07:35 PM
So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)
Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.
Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.
Ramayan was an epic written long time ago. It is a story(like stories in bibble). Creationism evolved just to oppose evolution theory and cause confusion to the evolution theory. They say it is based on science, when it is not. BTW evolution is also a fact, it is not just theory.
Spending on needless wars are not helping economy. With this economy there is little chance for GC. If everybody wants tax cut, who will pay the debt. Keep borrowing? Some one has to pay the interest at the least..
Clinton balanced the budget, while taxing the rich. McCain is for the 'trickle down economy' which we now see what it really is(DOW down 800 points). Obama is for tax cut for the average guys and not for the 'trickle down economy' scam.
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desi3933
07-11 12:12 PM
My wife (secondary applicant on I-485) started job 1.5 months after her H4 to H1 approval. She needed to wait for SSN and that took 1.5 months. Will that create any issue? I am planning to use AC21 to change job. Will that result in extra scrutiny?
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
waitnwatch
08-05 05:22 PM
Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.
On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.
Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.
I hope this sounds logical to atleast some of you folks.
RaviG
07-14 08:42 PM
The way it is working for EB2, it is going to work exactly for EB3.
If this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
If this is the case.
Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.
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