LostInGCProcess
11-02 02:33 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
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rockstart
07-21 09:02 AM
They are just pointing to one side of story. Yes H1B program has been massively misused by corporations and LLC's ( This includes L1 visa). Yes they have injected huge foreigh labor into US markets (till 2004 it was 120K I beleive and now it is at 80K with L1 extra).
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
But then there is other side of the story. Look at the competativeness of US companies due to these workers. Look at the massive amount of e-commerece, B2C and B2B commerce that was possible because of the work that these workers have done. Yes it reduced labor cost's and increased the pool of talent that employer could chose from. But then labor cost's were always conforming to DOL laws & prewailing wages for each occassion for most cases ( except few bad eggs, which I beleive was very small percentage of this program). So wages argument is not as valid as it looks if anti' s feel wages have been less they need to ask DOL to increase prevailing wages to what they feel is right but then that will make all these innovations extremely expensive and companies will face budget constraints and feel less inclined to try new things. That will make US less competative globally.
nixstor
07-06 02:58 PM
I understand that the air time on the show can be very very limited. Probably a min or less. After discussing the VB fiasco, If Dr Bahrainwala gets a chance, He should strongly consider mentioning the root cause of the problem.
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
"The root cause of the situation is the inability of
a) DOS/USCIS to recapture the visa numbers from previous years
b) to carry forward the unused numbers for atleast one year
If congress makes the needed legislative changes to solve the above two issues, USCIS/DOS will not be in the ugliest predicaments like they are in right now"
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ZeroComplexity
12-13 06:19 PM
What I am finding is, there are not enough people to do the really complicated stuff. Because of demand and supply the salaries are going up for folks that do specialized tech work( say OS Kernel development).
Then again, nothing in this world is too difficult, so lot of this stuff is getting pushed out to development teams outside of the US, where it's cheaper to get it done. The only downside is the ramp up time.
There is a critical point when it becomes too expensive to hire anyone in the US and the folks elsewhere are sufficiently ramped up, at that point we can thank all those who are against employment based immigration and find an alternate career :)
Then again, nothing in this world is too difficult, so lot of this stuff is getting pushed out to development teams outside of the US, where it's cheaper to get it done. The only downside is the ramp up time.
There is a critical point when it becomes too expensive to hire anyone in the US and the folks elsewhere are sufficiently ramped up, at that point we can thank all those who are against employment based immigration and find an alternate career :)
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ilwaiting
12-12 01:03 PM
Here's your answer in the bulletin
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
EMPLOYMENT: Demand for numbers in the Employment Third �Other Workers� category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
gc67890
05-31 01:19 PM
Voted yes
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mailmy_gc
10-29 02:58 PM
Guys,
On 100th Day !! I got CPO.
Looks like GOD showd mercy on me.
Thanks,
Sri
On 100th Day !! I got CPO.
Looks like GOD showd mercy on me.
Thanks,
Sri
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kart2007
05-17 11:23 AM
I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
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neerajkandhari
07-19 06:43 PM
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lonedesi
04-01 05:39 PM
Please note that there are two webfaxes (10 & 11) to be sent...not just one.
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drona
07-26 03:42 PM
Aren't you worried about your fingerprints then? Just kidding! Couldn't resist! :)
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pooja_34
12-22 03:08 PM
Again, incorrect english - Why dont you go learn english and then post here - Till then use your local language forums only !
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coolpal
06-01 12:03 PM
so does this bill include EB folks or not?
I assume it does.. or this thread won't be so upbeat ;)
I assume it does.. or this thread won't be so upbeat ;)
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Jaime
08-31 05:34 PM
i meant to ask this earlier
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
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studentvisa
04-03 05:18 PM
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desi485
01-04 03:23 PM
Thats a very good suggestion. He should lobby to create a new categoy of Green Card for "MBBS".
MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
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What if he has daughter(s)?
Dr.MBBS
Dr = daughter(s) :D
MBBS : Mia (Husband), Biwi 1 (Wife 1), Biwi 2 (Wife 2) and Sons.
:D:D:D:D:D
What if he has daughter(s)?
Dr.MBBS
Dr = daughter(s) :D
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rsayed
04-14 11:34 AM
I remember I read this somewhere (on one of the forum threads on IV) - that the only dates movement (if any) for EB-2 (India) will be only during Oct'07 (when the new financial year begins).
Until then, I guess there is no point in checking these Visa Bulletins; Only difference is when one of the pro-immigrant Bills in the Senate or House get passed.
For now, best strategy is to follow IV Core's directives - they have always been on top of things (going by the past one year or so), and seem to know more than most of us.
Until then, I guess there is no point in checking these Visa Bulletins; Only difference is when one of the pro-immigrant Bills in the Senate or House get passed.
For now, best strategy is to follow IV Core's directives - they have always been on top of things (going by the past one year or so), and seem to know more than most of us.
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go_guy123
03-11 11:35 PM
I don't have personal problems except with the point I mentioned. I am a consultant. Whenever I go on vacation, I take long vacations after discontinuing my current project. I comeback from vacation and look for a new project. I don't think there is anything fraudulent about that practice. So the above rule definitely concerns me. I think that is non-sense.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
What you are saying I understand. And many american/GC holders work as independent contractors on 1099. But H1B is never designed for independent contractor (1099). H1B is designed as W2. By using percentage basis H1B consultants are trying to work like independent contractor on 1099. USCIS is trying to crack down on that.
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gclabor07
02-07 01:20 PM
Just wanted to let you know I posted my letter to WH and IV.
Nil
04-19 03:49 PM
Good job mmj.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
Pls provide your details and participate actively.
Request you to donate as well if you have not already.
somegchuh
01-05 01:48 PM
As a PMP who works in a large corporation let me give you another side of the story.
1. PMP certification can get you a PM job and boost your earnings but if you hate having to deal with lots of people PM job is not for you.
2. PMP is for large projects in large corporations. If you like working in fast paced tech companies stay away from PMP. Basically PMP is meant to manage all the fluff that exists in large corporations.
3. Also, be ready for insults from technical staff. They treat PM's like idiots and quite frankly a lot of PM's are merely schedule jockeys. Very few PM's are true to their profession.
4. Bottomline: $500 is worth the investment. Do not shy away from it if you like PM kind of work.
1. PMP certification can get you a PM job and boost your earnings but if you hate having to deal with lots of people PM job is not for you.
2. PMP is for large projects in large corporations. If you like working in fast paced tech companies stay away from PMP. Basically PMP is meant to manage all the fluff that exists in large corporations.
3. Also, be ready for insults from technical staff. They treat PM's like idiots and quite frankly a lot of PM's are merely schedule jockeys. Very few PM's are true to their profession.
4. Bottomline: $500 is worth the investment. Do not shy away from it if you like PM kind of work.
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