EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
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hopefulgc
09-11 12:16 PM
creative eh!:D:D:D:D
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DDash
03-25 10:08 AM
H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending
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Libra
07-12 12:51 PM
My question is a person with no shame, can he feel shameful???:confused:
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matreen
08-04 12:12 PM
Team,
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
EndlessWait
07-13 12:27 PM
Please avoid all this sensationalism in your thread headers! You don't seem to know squat and are claiming something without any reference...the red dot/square seems appropriate...why I am replying to this!?
i'm just putting my opinion in my way. that's what this forum is for. atleast not talking BS, just staying on the main topic.
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
i'm just putting my opinion in my way. that's what this forum is for. atleast not talking BS, just staying on the main topic.
btw u answered for ur urself, i'll just repeat with a change "why are you replying to this!" go see a doctor, is my advise.
more...
yabadaba
06-16 03:27 PM
I think gas price is a non-issue. Gas in India is more expensive than in the US and considering the income there, the effective cost is even more higher. And yet, people continue to buy more and more without regard for increasing gas prices.
The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.
The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
The same logic applies here. Back in 2001, once gas prices starting going up and in places where gas cost $1.30, it hit $1.50 which people found "shocking". And yet, there wasn't the slightest reduction in the number of cars bought. Even now, with all the dismay at soaring prices, nothing much has changed. Freeways are just as jammed as ever.
The fact is, the American is well equipped to deal with $6 prices. The reaction we see is is just due to the unpleasant thought of having to pay more. It is not a showstopper by any stretch of anyone's imagination. At the worst, it just means they will have to cut back on annual vacations which is not a big deal for us, but obviously a catastrophe to the average American.
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
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chanduv23
09-19 12:43 AM
Yes, it was amazing effort.
I am glad that I was a part of it.
Thanks to everyone who came and to everyone who wholeheartedly supported the rally though they were not able to attend.
I am glad that I was a part of it.
Thanks to everyone who came and to everyone who wholeheartedly supported the rally though they were not able to attend.
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abd
05-24 01:07 PM
Jsut sent the fax. Thanks for your hardwork. We need to have to ammendment in bill.
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vamsi_poondla
10-17 10:59 AM
gc_chahiye,
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
h12gc
Your GC is your responsibility. Better to know all AC 21 regulations and act accordingly. Lawyers do goof up. I suggest you take conservative stand unless you are ready to take any risk. Personally I am risk averse as far as GC is concerned. Think whether the extra dough or career change is much needed for you.
The job title Technical Recruiter itself is like painting target on the shirt and going into the field. I think RFE is guaranteed.
Vamsi
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
h12gc
Your GC is your responsibility. Better to know all AC 21 regulations and act accordingly. Lawyers do goof up. I suggest you take conservative stand unless you are ready to take any risk. Personally I am risk averse as far as GC is concerned. Think whether the extra dough or career change is much needed for you.
The job title Technical Recruiter itself is like painting target on the shirt and going into the field. I think RFE is guaranteed.
Vamsi
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IntezarGCKA
02-22 10:27 AM
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
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addsf345
11-10 12:37 AM
As everyone pointed out there are lot of things in favor of the employers, Attoreys & USCIS when I 140 is revoked. The only thing that comes to our rescue is AC 21 when followed as per the guideline which is currently not being done.
Guys, Please support the IV AC 21 Campaign and let us help ourselves..
like the historic successful flower campaign, can some one come out with a great idea to bring CIS attention to this issue? 'Satyagrah'??? Gandhi style fasting??? ideas?
Guys, Please support the IV AC 21 Campaign and let us help ourselves..
like the historic successful flower campaign, can some one come out with a great idea to bring CIS attention to this issue? 'Satyagrah'??? Gandhi style fasting??? ideas?
more...
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ashwin_27
04-28 12:46 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
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ruby
07-11 04:22 PM
My mother was here last year for almost 9 months (I got her visa extended). I thought one can only claim a person on visitor visa as dependent if he/she is a US or Canadian permanent resident. Is this not true? If not, how can I claim exemtions for her if she is back in India.
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ganguteli
02-05 08:03 PM
Help!!
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
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uma001
02-08 11:45 AM
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
You mean Rs10000?? :)
Disclaimer - Talk to a tax professional.
Thanks
You mean Rs10000?? :)
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anemmani
05-08 10:22 AM
Cobra,
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
Two years ago, I got a 221g.
I have a MS degree in EE in US and working in the same field. After 4 years on the job, I got a 221g during my 2nd H1B stamping interview.
The wait was painful and the stress was unbearable. After submitting the documents, it took 28 days for my application to be approved. To this date, I do not know what triggered a review of my case.
As long as your documents are legitimate, you have nothing to be afraid about. Your Visa will be granted after somebody from the relevant department reviews your case. Most cases are processed within 30 days after going into review.
This is collateral damage that we suffer as a result of massive H1B fraud perpetrated in South India. They randomly select a few applications to detect and investigate fraud. If the case is legitimate, they approve it. Otherwise, they reject it.
Keep your courage and spend time with your family. Most legitimate employers do not penalize employees who encounter such issues.
Good luck,
Nag
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zerozerozeven
07-12 11:23 AM
Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
how is this guys' track record in the past? i dont want to raise my hopes too much and get disappointed...
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
how is this guys' track record in the past? i dont want to raise my hopes too much and get disappointed...
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131313
June 10th, 2005, 10:37 AM
Just a bump...and my two cents.
I don't own a D70, I have 10D but...I work in a local camera shop and sell D70's, left and right I might add. I'm hearing quite a bit about this backfocusing issue but nobody seems to be referring to it in the same manner. Most people are just saying their images are soft. At first it seemed like the problem was mainly happening for the people who were used to P/S cameras or simply not used to Nikon's AF system, so we basically gave suggestions similar to what you find here and told them that they could still return the cameras to Nikon if they were in warranty. Anyway, my one co-worker that doesn't shoot Canon buys a D70 and sure enough, he's complaining about soft focus. At middle apertures (on the kit lens, mind you) like 5.6 and 8 his images look sorta acceptable, but not tack sharp. We tried out the 12-24 and got better results (maybe just a sharper lens overall?), as well as with the 10mm fisheye, and of course all of the longer zooms, 80-200, and 200-400 were sharp. Could it just be that the kit lens, which nearly everyone has is just garbage? This guy is now seriously considering the 20D.
I don't own a D70, I have 10D but...I work in a local camera shop and sell D70's, left and right I might add. I'm hearing quite a bit about this backfocusing issue but nobody seems to be referring to it in the same manner. Most people are just saying their images are soft. At first it seemed like the problem was mainly happening for the people who were used to P/S cameras or simply not used to Nikon's AF system, so we basically gave suggestions similar to what you find here and told them that they could still return the cameras to Nikon if they were in warranty. Anyway, my one co-worker that doesn't shoot Canon buys a D70 and sure enough, he's complaining about soft focus. At middle apertures (on the kit lens, mind you) like 5.6 and 8 his images look sorta acceptable, but not tack sharp. We tried out the 12-24 and got better results (maybe just a sharper lens overall?), as well as with the 10mm fisheye, and of course all of the longer zooms, 80-200, and 200-400 were sharp. Could it just be that the kit lens, which nearly everyone has is just garbage? This guy is now seriously considering the 20D.
rongha_2000
05-13 05:19 PM
This database gives me an idea: Can someone who is good at programming extract all the data and build reports on how many labor certifications are there by category and by chargeability? IV tracker can also use this information to a certain extent. Unfortunately I am not a programmer so I cannot do it but I am sure for experienced programmer this should be a piece of cake.
What do ya guys say? Any takers? Also we should know how to interpret the data. I have asked additional questions in my previous post. Answer to those will help us a lot.
What do ya guys say? Any takers? Also we should know how to interpret the data. I have asked additional questions in my previous post. Answer to those will help us a lot.
jaggu bhai
03-31 01:05 PM
Did with all my email id's
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