boldm28
04-19 03:48 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
Any way, pack your bags or wait for ten years.
Y cant you ask the same question in your home country assuming it is India
you wont get any reply not in 100 years
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jasonalbany
07-04 12:28 PM
Access to Job Market in U.S. a Matter of Degrees
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006
This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.
But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.
Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.
"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."
Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."
The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.
Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.
"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."
But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.
"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.
The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.
The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.
There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.
Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.
Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.
"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.
"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."
One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.
Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.
"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."
Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.
Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.
If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.
"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."
But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.
"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."
David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.
Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.
Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."
"I am really qualified," she said. "Hopefully, I will be able to teach soon."
As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.
"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."
Foreign workers with high-tech skills are in demand, but visa quotas snarl the hiring process.
By Anna Gorman, Times Staff Writer
July 3, 2006
This spring, a U.S. high-tech company recruited British citizen Gareth Lloyd for a possible engineering job.
But before the Irvine office made its hiring decision, the number of available visas for skilled workers ran out, in a record time of less than two months.
Lloyd, who has degrees in applied physics and electrical and electronics engineering, found another job in Germany.
"I was a little bit incredulous," Lloyd, 34, said in a phone interview. "It seems arbitrary to put some kind of quota on this."
Much of the national debate on immigration has centered on undocumented workers who fill agriculture, construction and service jobs. But highly skilled foreign scientists, engineers and computer programmers recruited by U.S. companies to work here legally also have a lot at stake in the outcome. "The major focus for all the laws and all the bills has mainly been for illegal immigrants," said Swati Srivastava, an Indian software engineer who lives in Playa del Rey and is waiting for her green card. "We kind of get pushed to the sidelines."
The Senate's sweeping immigration bill that passed in May calls for increasing the number of H-1B visas, which are available for professional foreign workers, from 65,000 to 115,000 annually. Foreigners with certain advanced degrees would be exempt from the cap.
Despite President Bush's urging to increase such quotas, however, the House bill that passed late last year does not include any provisions for skilled-worker visas. And a conference committee, which would negotiate a compromise, has yet to be selected. U.S. companies complain that they are losing prospective employees to other countries because of a shortage of highly skilled and educated foreign workers. As a result, companies are either outsourcing science and engineering jobs or making do with fewer employees.
"There aren't enough U.S. citizens pursuing those types of degrees," said Jennifer Greeson, spokeswoman for Intel Corp. in Santa Clara, Calif., where about 5% of the company's U.S.-based employees are on H-1B visas. "U.S. companies being able to have access to talent, no matter where it originates, is key to our continued competitiveness."
But critics of the H-1B program argue that there are enough Americans qualified for the jobs. Companies just prefer to hire younger, less expensive workers from other countries, such as India and China, instead of more experienced American workers at higher salaries.
"The bottom line is cheap labor," said UC Davis computer-science professor Norman Matloff, who has studied the H-1B program.
The six-year visas are available to foreigners with at least a bachelor's degree. Firms must pay foreign workers the prevailing wage.
The U.S. Citizenship and Immigration Services agency begins accepting H-1B visa applications on April 1 each year. The agency received enough visas to hit the congressionally mandated cap of 65,000 at the end of May this year, compared with August in 2005 and October in 2004. Those who receive the visas can begin work Oct. 1, the start of the fiscal year.
There are also 20,000 additional visas available for foreign workers who earned a master's or higher-level degree in the U.S. The Citizenship and Immigration Services is still accepting applications for those visas.
Because the H-1B cap is reached more quickly each year, many companies prepare their paperwork ahead of time so they can be at the front of the line. But they say it's often difficult to make hiring decisions six months before the start date.
Orange County immigration attorney Mitchell Wexler has a courier ready on the first day to take his clients' completed applications to Citizenship and Immigration Services.
"The whole white-collar business community is kind of crossing our fingers" that the number of visas is raised, Wexler said. Highly skilled foreign workers, he said, are "the best and brightest" and should be invited into the economy.
"If we can't get them," Wexler added, "they will go to a country that will accept them, and they will get jobs in Canada, Australia and England and will compete against us."
One of Wexler's clients, Massachusetts-based Skyworks Solutions, develops and manufactures integrated circuits for cellphones. Connie Williams, senior human resources specialist at the company's Irvine office, said her firm was effectively cut off from a foreign labor pool that included Lloyd of Britain when the government stopped accepting H-1B applications.
Williams said she worries that if Congress fails to pass reform legislation, the door will slam shut even earlier next year. The company has just over 2,000 U.S.-based employees, roughly 100 of whom have H-1B visas.
"We need these highly skilled, highly educated, highly qualified engineers," said Williams. "These people are a needle in a haystack."
Once foreigners have H-1B visas, they face another hurdle � becoming permanent legal residents. Applicants are often forced to wait years because there are only 140,000 employment-based green cards available annually. A backlog at Citizenship and Immigration Services adds to the delays.
Swati and Aradhana Srivastava, 34, both Indian software engineers working in the U.S. on H-1B visas, began the green card process with their employer in November 2001. Since then, the sisters said they have not been able to change jobs, positions or salaries.
They have taken film classes and are eager to pursue second careers in filmmaking but cannot do so until after they get their green cards. They also are reluctant to buy property or start a business. If they don't get their green cards by the time they finish film school, the sisters may return home.
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
Sandy Boyd, vice president of the National Assn. of Manufacturers, said there is an urgency to fixing the problems facing highly skilled foreign workers, whether they're seeking temporary or permanent legal status. The Senate's proposed immigration bill would increase the number of available employment-based green cards.
If compromise legislation cannot be reached on the broader issues, Boyd said, Congress should pass a separate, more narrow reform bill.
"This is not an issue that can be put off until comprehensive immigration reform is passed," Boyd said, "because once we lose these jobs, it's very difficult for them to come back."
But industry lobbyists arguing against increases in H-1B visas say the program hurts U.S. citizens by lowering wages and increasing job competition. They cite a recent report by the Government Accountability Office that says the program lacks sufficient oversight from the Department of Labor.
"We feel for the most part there are not shortages of U.S. engineers and computer scientists that have the skills these companies are looking for," said Chris McManes, spokesman for the U.S. sector of the Institute of Electrical and Electronics Engineers. "If the cap is increased, that will further hamper the ability of a U.S. engineer to find a job."
David Huber, a network engineer in Chicago and U.S. citizen by birth, said he twice lost out on jobs to foreign workers. He was passed over for one job and replaced at another, he said. Huber, who testified before the House in March, said he could not find work for nearly three years, despite his education and experience. "Too many of us cannot find jobs because companies are turning to H-1B workers as a first choice," Huber said in written testimony to the House.
Swadha Sharma, who lives in Arcadia, said she is not trying to replace U.S. workers. Sharma earned an electronics engineering degree in India but has long dreamed of becoming a math teacher. So while her husband worked here on an H-1B visa, she earned her teaching credential at Cal Poly Pomona.
Sharma, 30, started applying for teaching jobs early this year, but she said only one of three interested districts was willing to sponsor her for an H-1B visa. And that offer, from a Los Angeles charter school, came after the visa cap had been reached. Sharma now plans to pursue a master's degree but said the U.S. is "missing out on a catch."
"I am really qualified," she said. "Hopefully, I will be able to teach soon."
As for Lloyd, his plans to come to the United States are now on indefinite hold. He started his job in Germany but still laments the U.S. immigration system for limiting workers like himself from coming here.
"The H-1B scheme seems a little bit ridiculous," he said. "I would certainly be an asset to the American economy."
harrydr
01-06 09:56 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
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eb3_2004
11-09 12:57 PM
I finished this survey!!!
more...
arjunpa
10-07 10:17 PM
Thanks for the replies martinvisalaw and simple1
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
Sorry to bump this thread, but I wanted to provide an update as to where I am right now.
If it helps, the Notice of Action I received is a I-797B instead of the usual I-797A stating - a petition has been approved for classification requested, it has been determined that the applicant is not eligible for requested extension of stay.
This is where I am stuck at,
I have contacted a lawyer (through a friend) and he advised that I should get a new VISA stamped by going to my home country or file I-824 to change the consulate to one I wish to attend.
My lawyer still says, all I need to do is exit/enter through a POE to obtain the missing I-94
I also have an appointment with a reputed law firm tomorrow (their advice would also be helpful)
All I am trying to do in the process is to reach a safest/correct option.
Any more suggestions? Thanks in advance.
ashshef
08-31 12:44 AM
Unfortunately this won't help....of course assuming you find a way to do it :)
They look at the country of birth to determine the quota....not country of citizenship.
They look at the country of birth to determine the quota....not country of citizenship.
more...
desiin_va
06-13 09:35 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
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tcsonly
09-07 11:13 AM
Sent email yesterday with the details to lobbyday@immigrationvoice.org, and IV-Socal co-ordinators: Drona & Ramesh.
-C.
-C.
more...
piyu7444
05-08 02:52 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
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sangeethak31
07-15 12:16 PM
As I am going for a H1 Visa renewal, I am not having an attorney.
Could someone please provide me a template.
Thanks,
Sangeetha K
Could someone please provide me a template.
Thanks,
Sangeetha K
more...
waiting4gc
12-03 01:30 PM
Appointment at Mumbai consulate can take forever. Recently my wife and I went for h1 stamping. For me it took 2.5 hours, for my wife, about 5 hours. It will take you at least an hour to get from the consulate to the airport. I would strongly recommend that you take either a late evening flight or next day. That way you can try to pick up the passport the same day too.
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
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ilikekilo
07-17 08:42 PM
I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
so what is your point? ?
FYI ksirh its noth how much u contributed? its the way u ask! pl wake up
Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.
Thanks for your understanding
so what is your point? ?
FYI ksirh its noth how much u contributed? its the way u ask! pl wake up
more...
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leoindiano
07-09 05:26 PM
What is strange ?? He used PP in June when it was still available. USCIS suspended PP only for new cases to process what they already had.
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
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learning01
04-06 10:28 PM
In the evening, problems: a meltdown over process.
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
more...
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needhelp!
09-16 03:01 PM
DH called and said he did it too!! YAAAAYYY Its my lucky day.. He is now officially initiated into IV.
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Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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leoindiano
11-09 08:17 PM
Right. Its his view of stem cells research in ancient india. Some article I read in net which excerpted from mahabharatha.
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
"It appears that the ancient Indians also had the ability to clone humans(it's very ironic that contemporary India is taking the lead in stem-cell research) In the Mahabharata, the queen Ghandari, who had pregnancy problems and after 2 years bore a pinda(ball of flesh) which was then handed over to a sage. He divided this ball of flesh into 100 parts and treated them with a chemical process, then put each part into a sealed cooling container for 2 years, from which 100 male babies were created."
Maybe some support.. :)
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
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cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
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shutterbabe
11-18 10:21 AM
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?
Please help, I need to get my EAD soon since my job is waiting for it.:confused:
Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?
Please help, I need to get my EAD soon since my job is waiting for it.:confused:
puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
BMS1
08-21 12:05 PM
Thanks
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