:)
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Snathan
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
I asked for advice, if people can give I am more than happy to accept it. I don't expect to beat me for the sin that I have done.
I am not blaming any one here. I don't have right to blame as well others.
When you get caught...its sin.
Otherwise its fun...:p
E-Filed Date: 8/17/2010
Service Center: TSC
Supporting Documents Received by TSC: 8/25/2010
Soft LUDs: 8/25, 8/26, 9/22, 9/27, 9/28
Approval Date: 9/27/2010
AP Received Date: 10/1/2010
Date of approval on the AP is in the future...it is the same date as the expiration of the current AP.
Service Center: TSC
Supporting Documents Received by TSC: 8/25/2010
Soft LUDs: 8/25, 8/26, 9/22, 9/27, 9/28
Approval Date: 9/27/2010
AP Received Date: 10/1/2010
Date of approval on the AP is in the future...it is the same date as the expiration of the current AP.
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I don't know how to open a thread to run a poll to track the number of people ready to send flowers to white house/president to highlight our case to buy houses if there is a a provision to approve GCs on a fast-track basis. With a substantial fast track fee (>4000 dollars) and 20% down payment toward house payment, we have a strong case. If we get hundreds of people ready to send to flowers, may be IV can make it an action item.
Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8
>> Must an H-1B alien be working at all times?
No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.
Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.
Not a legal advice
-----------------------
desi3933 at gmail.com
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8
>> Must an H-1B alien be working at all times?
No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.
Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.
Not a legal advice
-----------------------
desi3933 at gmail.com
i will be in nyc this weekend on work and will try my best to be there.
look forward to seeing the tri state folks!
look forward to seeing the tri state folks!
Legal Immigrants in Limbo
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.
A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.
As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.
Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.
And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’
United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.
The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.
Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.
The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.
In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.
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How do I find out the processing dates for Montreal Consulate just in case I choose to go CP route.
couldn't attend this time ...
No problem :) hope to see u next time :) Take care of ur baby
No problem :) hope to see u next time :) Take care of ur baby
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Not necessary US wants the best of best to get the green card. They see variety of immigrants is more important to US and that is why they setup country limit and setup DV lottery. If they simply want the best of best, they can cancel the DV and even reduce family based and all move to the employment based.
If you really want to talk about a system in jutice, then we are looking at one applicant for each country at a time. I guess OP will not like to see this happen either.
If you really want to talk about a system in jutice, then we are looking at one applicant for each country at a time. I guess OP will not like to see this happen either.
It was a great meeting. I was blown over by the enthusiasm of the folks. It was intended to be a casual get together, but beyond a point it became more serious:D We did have action items and we will communicate it through emails, we cannot post such things on public forum. We are working on the next event planning once we finalize the place and time we will get in touch with U.
can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
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I was debating the fact that we need to ask India government to device some sort of parity between Capital acceptance from U.S. firms. It takes us, who respresent Intellectual capital, 5 to 6 years to get some kind of permanent residency in U.S. and that too in a grudging manner. Why do U.S. MNCs demand immediate clearence of their projects and complain about delay etc. If you look at comparative delays, Indian system is still light years ahead of so called efficient American system. Its just that we need to look at things from a correct perspective. Monetary capital needs to be treated at par with Intellectual capital. Just a thought.
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Please send english_august's pdf to your local newspapers.
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stay in Canada... Use you current job for transition. I am very sorry to hear what you and your wife has been through...
More humane H1B is already a necessity. We should work on improving the conditions for h1b holders too...
More humane H1B is already a necessity. We should work on improving the conditions for h1b holders too...
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Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE
Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.
Also, send your application just before Aug 17th (say 15th).
I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .
gc101.
Didn't do that(For my own personal reasons). Hoping for having enough time (1 day or two max) before my PD gets current and I send in my future wife's AOS on the first day they become current. If it gets approved, I am screwed and she has to have her own GC processing.
Also, send your application just before Aug 17th (say 15th).
I couldn't wait, because I have to attend my sister's marriage on Sep5th, so, now, I am waiting for the receipt. I am in such a bind, looks like I aged two years in 15 days :) .
gc101.
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Dude, i dunno about this...
But this guy was correct for the last month about the retrogression about EB3-ROW....
BR
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
But this guy was correct for the last month about the retrogression about EB3-ROW....
BR
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
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Patrick Leahy is pro-immigration (the to-be chair of the Senate Judiciary Committee). Here is his voting record:
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
Patrick Leahy on Immigration
Click here for 6 full quotes on Immigration OR background on Immigration.
Voted YES on establishing a Guest Worker program. (May 2006)
Voted YES on allowing illegal aliens to participate in Social Security. (May 2006)
Voted YES on giving Guest Workers a path to citizenship. (May 2006)
Voted NO on allowing more foreign workers into the US for farm work. (Jul 1998)
Voted YES on visas for skilled workers. (May 1998)
Voted NO on limit welfare for immigrants. (Jun 1997)
http://www.ontheissues.org/Senate/Patrick_Leahy.htm
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EB2/FEDEX delivered on 02-Jul-07 @9:01AM
..and why not EB2 to EB1 and EB1 to EB1-NIW..and so on...
because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.
Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.
If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.
Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...:D
because the backlog for EB3 is currently staring at close to 10 years and an EB2 requirement is around 5 years of progressive experience, which might enable many of them who would have progressed in their careers due to a 10 year wait for green card.
Why not EB2 to EB1 is because, EB1 is for exceptionally skilled people(athletes, doctors, multi-national managers(via L1A) etc). For EB2 candidates to be pushed to EB1, they need to exceptionally skilled which cannot be gained via experience but by acquiring skills which will place them in those categories.
If they can acquire those skills, then they automatically qualify for EB1 or EB1-NIW and can apply anytime by themselves. Note, EB1 does not need a labor approval too.
Hope that makes clear the distinction between EB1, EB2 & EB3. Employment-based GC applying lessons 101...of course this is the simplest one...:D
Will reach Emilo's office by tomorrow(Jul 10th).
