thomachan72
05-29 07:20 AM
Hi,
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.
The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.
I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.
The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.
Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.
Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.
My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.
Dont blame you for being concerned after reading this post. We at IV dont disagree that there are a few instances where infact below average skilled people are employed on H1bs. However, look around a little, talk to fellow foreigners (Indians/others) whom you meet somewhere and you will realize that they dont just supply cheap labor OK. They are indeed very qualified for the job they are put into. I know for example the job that I do CAN be done by an american citizen without any problem (if he /she is trained) but the fact is that, there is NOBODY around. REALLY there is nobody around. Now reg software, many of my software friends are highly talented individuals (not inovative in the sense you mean) without whom the industry will COLLAPSE and your HR person will have nobody to hire because he/she will have to go home. Remember also the fact that IT industry is now at a slowly developing phase and they need people to work for lower wages and cant survive to fill in all slots with the american worker who will want more money for lesser work time and that proves the HR persons point--work for lesser money (THAT INFACT IS THE MAJOR REQ FOR IT INDUSTRY AT PRESENT)
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kittu1991
08-27 01:22 PM
Looking at the trackkit data there are 2 from Nov 2003 and 1 from Dec 2003, who got green this month. Is it that USCIS doesn't have enough cases from before Oct 1 2003, to approve that are approvable. :confused:
n_2006
05-14 09:57 AM
I agree with you totally. Being patient is a good way to take this. I have seen this happening at my work place too. But until we get GC we have to learn to handle this. We are 16 desi's in my company and my managers says that many "co-workers" are jealous as it seems that we are taking their jobs
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
Leaving to another company? and keep changing until you get a better company.
etc.
I hope this CIR passes and I get EAD and I shall try to leave as soon as possible.
Leaving to another company? and keep changing until you get a better company.
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gc28262
02-15 07:13 PM
Pleaassssssssse dont fight among oursleves ....
Lets fight against immigration bureacracy and unfair policies...
Yes we want more peace makers in the forum :) Thank You !
Lets fight against immigration bureacracy and unfair policies...
Yes we want more peace makers in the forum :) Thank You !
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unknown123
05-13 11:58 PM
This is just to let you all know that my I-140 has been approved.
As a response to an RFE, following evidences were submitted:
1) Transcripts for all the years (BSc and MCA)
2) List of courses completed (Just a list without any course by course evaluations)
3) Education Evaluation Report (Re-submitted)
Thank you all for your support
As a response to an RFE, following evidences were submitted:
1) Transcripts for all the years (BSc and MCA)
2) List of courses completed (Just a list without any course by course evaluations)
3) Education Evaluation Report (Re-submitted)
Thank you all for your support
swamy
05-13 04:17 PM
Following the rules as they are doesn't imply there's no injustice or congress can just shut shop and go home. Giving unused visas from EB1 to EB2 is just following rules as they are - just as giving preference to Non-Indian's first is. I get to meet plenty of EB1 & EB2s who are just plain retards so its not 'obvious' that they're going to 'benefit' the greater society at large though the rules were framed hoping that would be the case. Also, EB3s def. have to be labor certfied so they're not displacing anyone - the whole system is such a mess and is being abused so much that things that ought to be obvious & taken granted for have to be reiterated again & again so its just dumb to say 'EB3 is the least qualified of the three and is also the most likely candidate to displace an American'! And if theres a sudden glut in the labor force and plenty of native born well qualified work force is available, there shouldnt be anyone in the GC queue to begin with so there'd be no reason to do away with any quotas - unless one presumes people will be abusing the system all the time.
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pcs
04-16 09:42 AM
Guys... Contribute. What are you waiting for
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ronhira
05-06 12:30 PM
gr8... i've signed up & will attend for sure on both the days..... i did not attend earlier such events of iv.... i've a question.... i'll fly in.... when will be the meetings.... when should i reach washington..... i've to ask my boss for time off.... so pls let me know....
y've u posted this on donor forum.... others will not know that iv is doing these events.... is there a reason for this.....
y've u posted this on donor forum.... others will not know that iv is doing these events.... is there a reason for this.....
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qualified_trash
08-01 01:22 PM
You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
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fromnaija
02-07 12:16 PM
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
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wellwishergc
04-03 11:53 AM
I agree with each and every word of your posting!!!
IV is doing a fabulous work. Hats off to the core team!!!;
I was active during efforts towards getting the immigration provisions into the S1932 bill and I can say that the efforts today are much more organized than those for S1932; I can imagine the scrambling and the mess that we would have been today, if not for IV.
Good luck, IV!!! Even if we do not succeed this time, we will have enough mileage to push our provisions within a separate bill in the near future. Keep up the good work.
I logged in this morning to get a regular update and came across this thread.
I am surprised to this discussion and the heated debate. Tides and Ebbs are a part of what we do. I think we must all be satisfied that we have IV to represent us. Think about it guys, we would have no voice if it were not for IV. I sincerely hope something comes out of all this efforts that all of us have put in. We have a good thing going here and lets not stop.
Even if nothing happens, I will be content that we have made efforts. Not just a tiny efforts but a big ones. Kudos to everyone who is contributing ideas and money. Keep the good work going and let us know what we have to do to help you all.
tidesandebbs
IV is doing a fabulous work. Hats off to the core team!!!;
I was active during efforts towards getting the immigration provisions into the S1932 bill and I can say that the efforts today are much more organized than those for S1932; I can imagine the scrambling and the mess that we would have been today, if not for IV.
Good luck, IV!!! Even if we do not succeed this time, we will have enough mileage to push our provisions within a separate bill in the near future. Keep up the good work.
I logged in this morning to get a regular update and came across this thread.
I am surprised to this discussion and the heated debate. Tides and Ebbs are a part of what we do. I think we must all be satisfied that we have IV to represent us. Think about it guys, we would have no voice if it were not for IV. I sincerely hope something comes out of all this efforts that all of us have put in. We have a good thing going here and lets not stop.
Even if nothing happens, I will be content that we have made efforts. Not just a tiny efforts but a big ones. Kudos to everyone who is contributing ideas and money. Keep the good work going and let us know what we have to do to help you all.
tidesandebbs
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rongha_2000
05-04 02:12 PM
I've been having similar thoughts for quite some time. Whether I should move back to india which is a one way street or continue here waiting to get my GC, citizenship etc.
Here is my analysis of the situation without considering the emotional parameters involved
1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.
but then if you include the emotional factors in this equation it totally changes everything.
As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.
What will happen next is something for time to tell...!!
Good luck to all of us and may god help us all to make correct decisions.
Here is my analysis of the situation without considering the emotional parameters involved
1) India is currently on a fast track to development thanks for the IT industry. There are a lot of jobs and salaries are sky rocketting. A lot of people in India are living a life in India which we can only dream of here in the US.
2) BUT I also read about the growing cost of conducting business in India. Definitely with salaries increasing by leaps and bounds, rupee appreciating against the dollar, high taxes and infrastucture cost has already got companies thinking about their businesses in India.
3) Many are thinking of moving to southeast asian countries like Singapore, malaysia, phillipines, even China.
4) Even if they dont move out I am not sure if the current trend in salaries will continue. It will definitely correct itself in next 3-4 years. Companies would tend to hire more fresh graduates than hiring experienced personnel.
4) I am not sure with all these developments how would things be in India in next few years. If I move to india and then have to move to these south east asian countries then why not be in US and ride out this turbulent period.
but then if you include the emotional factors in this equation it totally changes everything.
As of now at least I am confused about what to do but I guess every first generation that moves out of their home town has to go through the same thought process, only the immigration to US is complicating things further.
What will happen next is something for time to tell...!!
Good luck to all of us and may god help us all to make correct decisions.
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aadimanav
08-17 09:14 AM
I got a reply for these letters from my local Senator. She just said thank you for expressing my opinion about this bill and she gave me the latest status on it.
Thanks.
Who is your local Senator?
Thanks.
Who is your local Senator?
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jsb
04-07 02:13 PM
There will be no movement in May bulletin, but June bulletin will be Jan 1 2006 for EB2. I'm guessing this based on last 3 years, where there was no movement in May but had significant jump every June.
What is the purpose of this guess work, or non-scientific predicting? Just wait and see, what happens? Favourable speculation is not going to generate real good bulletin.
What is the purpose of this guess work, or non-scientific predicting? Just wait and see, what happens? Favourable speculation is not going to generate real good bulletin.
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sanju
02-23 04:39 PM
I am also proud to live in such wonderful country who are open to any new talent and do not hesitate to honor anyone irrespective of their color,race and religion. I wish all countries take inspiration from it.
I share your enthusiasm, for now. But it is not always like this, and will not be like this. So lets cherish these times. Great talent and greatness has been rewarded with obscurity, more often than not.
Here is an example - Do you know who invented AC current, electric motor, laser, x-ray, radio technology, wireless technology, cellular technology, neon, remote control just to name a few. There is not a minute that goes by in the life of modern humans when we don't use inventions of this great man, but over 99% of all people don't know his name. Everyone will call Einstein a great scientist. But this is the greatest, and how come so less people know about him?
Reason, he was not American, British nor a Jew. So history rewarded the greatest scientist with obscurity. And most of us don't know about him.
The point is, great talent is not always rewarded as it should be. We think that we are talented and that's why we are on "special" visa. The fact is, we have chosen to be part of the system, that makes a rich guy richer. As long as you are in the business of making a rich guy richer, or as long as you are part of the system that makes more money for some hotshot powerful banker, we can all continue to live in this fool's paradise claiming that any new talent is always honored in this GREAT country.
.
I share your enthusiasm, for now. But it is not always like this, and will not be like this. So lets cherish these times. Great talent and greatness has been rewarded with obscurity, more often than not.
Here is an example - Do you know who invented AC current, electric motor, laser, x-ray, radio technology, wireless technology, cellular technology, neon, remote control just to name a few. There is not a minute that goes by in the life of modern humans when we don't use inventions of this great man, but over 99% of all people don't know his name. Everyone will call Einstein a great scientist. But this is the greatest, and how come so less people know about him?
Reason, he was not American, British nor a Jew. So history rewarded the greatest scientist with obscurity. And most of us don't know about him.
The point is, great talent is not always rewarded as it should be. We think that we are talented and that's why we are on "special" visa. The fact is, we have chosen to be part of the system, that makes a rich guy richer. As long as you are in the business of making a rich guy richer, or as long as you are part of the system that makes more money for some hotshot powerful banker, we can all continue to live in this fool's paradise claiming that any new talent is always honored in this GREAT country.
.
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RamBihari
02-15 05:49 PM
hi,
i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.
I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.
My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.
Thanks!
1
i have 3 yrs degree + 1 yr pg diploma. I have been working in industry for past 17 years, and don't think any degree or even doctorate would add much to my qualification for the job that i am doing.
I am currently filed in eb3 category, and new company i am changing job to are ready to refile my gc. But they won't file my gc in eb2 category, as i don't meet the 4 yr bs requirement.
My son will be in the highschool in 4 years, and i don't want to spend a lot of money on getting ms to myself. But for the gc i am looking for fastest and cheapest way to get ms program. I have no idea how it works, what qualifies me for a degree, what can i get credits for. Any inputs would be appreciated.
Thanks!
1
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GotGC??
04-26 04:11 PM
Pardon my ignorance, but what exactly is "K Street" and what is its relevance?
Thanks to all members of IV who have made it possible for our voice to be heard! Keep up the good work!:)
Thanks to all members of IV who have made it possible for our voice to be heard! Keep up the good work!:)
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sury
12-30 03:35 PM
It is impossible that US will break in 2010.
US will come back from recession/depression.
GOD BLESS AMERICA
US will come back from recession/depression.
GOD BLESS AMERICA
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pd_recapturing
06-20 03:52 PM
I am trying to efile an AP application right now. It always says following lines at the end of 131 form step.
Note:There are still suggested fields not completed on the following forms:
I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
Thanks
Note:There are still suggested fields not completed on the following forms:
I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
Thanks
skp71
10-11 08:06 PM
EB3-ROw will continue to move like now or will it slow down in the future? My PD was Sept 13, 2002. Desperately waiting for that. Any idea?
wikipedia_fan
07-04 12:31 PM
As long as you had an I-140 approved earlier and 180 days crossed after the RD of I-485, you are safe to move on to a new job using AC21 portability. Even if your ex-employer withdraws the support for the approved I-140, your I-485 would not denied and it would be considered on its own merits.
I know. But looking at some horror stories where USCIS issued NOIDs and even direct denials inspite of sending the AC21 letter - I am just trying to understand if the desi employers will find this way to retaliate against employees who leave their companies?
I know. But looking at some horror stories where USCIS issued NOIDs and even direct denials inspite of sending the AC21 letter - I am just trying to understand if the desi employers will find this way to retaliate against employees who leave their companies?
