sathishav
04-18 02:54 PM
This is what my attorney told me:
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
4 Year Bachelors in India + 5 years of Exp (excluding sponsoring emp)
3 Year Bachelors in India + 2 Yrs(Msc) /3 Years(MCA) + 5 years of Exp (excluding sponsoring emp)
4 Year Bachelors in India + US Masters + 2 years of Exp (excluding sponsoring emp)
All these qualify for EB2. Just make sure you Job Description requires eb2.
Also, consult with a leading attorney and show you employer, that this is doable.
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sledge_hammer
02-01 01:49 PM
I am desi also, but I hate these consulting companies who do that. I worked my a** off to get a full time job, never faked my resume. People in this forum who blame it on the system are as guilty as the desi companies. Come on people, who are you all kidding, can you commit a crime and balme it on society/system for it? This is the typical of our Indian way of thinking!
A CRIME IS A CRIME. PERDIOD.
A CRIME IS A CRIME. PERDIOD.
trueguy
08-13 12:19 PM
I think we should emphasize HR 5882 and write to:
1. The President ASAP
2. Immigration Subcommittee
3. All CHC members
The intention is to bring this bill to the floor this year and make sure it is passed.
I think people with PD 2001, 2002 and 2003 should definitely write as they have a better case than the 2006 or 2007 filers.
This is our last opportunity this year to let go.
Absolutely, we should write letter to all the authority and make sure HR5882 is passed this year. Do we have any letter format ready? I will send out today itself if we have the letter ready.
1. The President ASAP
2. Immigration Subcommittee
3. All CHC members
The intention is to bring this bill to the floor this year and make sure it is passed.
I think people with PD 2001, 2002 and 2003 should definitely write as they have a better case than the 2006 or 2007 filers.
This is our last opportunity this year to let go.
Absolutely, we should write letter to all the authority and make sure HR5882 is passed this year. Do we have any letter format ready? I will send out today itself if we have the letter ready.
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signin241
07-26 09:21 AM
I'm getting married in August and my wife will be here in Sep/Oct. My PD is pretty recent - May 2007 EB2 (India). I'm planning to file my 140/485 (concurrent) and maintain my H1B for now and also bring my wife on H4. As long as she wants to be on H4, I'll maintain my H1 and once my PD comes CURRENT again, I'll file her 485.
Now, I've heard that my 485 won't be approved before my date is CURRENT again. Once the bulletin releases and if my date is CURRENT, I'll send my wife's papers to USCIS immediately. But it seems like I can get FP notice even before my dates become CURRENT. That case, my FP and other stuff might finish early and my wife's late. Does this affect her case in anyway as there is every chance that my 485 gets approved early and hers late. Will she be "out of status" because of her 485 pending and mine approved.
What do you suggest ??
Now, I've heard that my 485 won't be approved before my date is CURRENT again. Once the bulletin releases and if my date is CURRENT, I'll send my wife's papers to USCIS immediately. But it seems like I can get FP notice even before my dates become CURRENT. That case, my FP and other stuff might finish early and my wife's late. Does this affect her case in anyway as there is every chance that my 485 gets approved early and hers late. Will she be "out of status" because of her 485 pending and mine approved.
What do you suggest ??
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bigboy007
04-27 11:28 PM
For me as i did similar analysis during CIR 2007 the text of the bill looks very much similar. They had the same issues on H1/L1 except now fraud prevention... Not sure where it goes... Any idea Pappu, PPL seem to be still interested in debating H1Vs L1 etc... For sure more offshoring...
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
Pappu,
I went through the text of the new bill vis-a-vis current INA and compared the old and the proposed act. Here are the findings -
Section 101 - This spells disaster for all H1Bs in consulting companies (as FT or C2C) -
by striking clause (ii) of sub-paragraph (E) of the section 212(n)(1), and then adding the new clauses under (F), they are PROHIBITING placement of H1B employees on another employer's site, period. This will affect NOT ONLY pure staffing (desi or non-desi) companies who place their W-2 H1B employees at client site, BUT ALSO big consulting companies like IBM/ACCENTURE/DELOITTE et al. No placement/leasing/outsourcing/contracting for services or otherwise at another employer, period - UNLESS a waiver is obtained, which will mean every company will need to obtain a waiver in order to do so, EFFECTIVELY ENDING ANY CONSULTING BY H1B.
Section 102 - This spells disaster for all companies who's H1B+L1 > 50% total employees
by inserting two new clauses (H) and (I) in section 212(n)(1), it prohibits H1B only or H1B preferred advertisements and prevents any company that employees more than 50 employees to submit NEW H1B/L1 application IF the total number of H1B and L1 employees exceeds 50% of its total employees. It also requires ANY company employing even a single H1B employee to submit W-2s of IRS. This affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al.
remaining sections (103 onwards) are more about enforcement and investigations.
Section 201 - This spells disaster for companies that bring in workers on L visas
This also affects ALL Indian IT companies like TCS/WIPRO/INFOSYS/COGNIZANT et al. AS WELL AS some other companies that might bring in workers from their home country.
IN SUMMARY -
In the SHORT RUN, this hurts outsourcing industry, as they need more time, and H1B/L1 resources on site to transition the work offshore, but I agree that in the LONG RUN, it will GREATLY BENEFIT AND INCREASE OUTSOURCING.
That will indeed be a sad day. Grassley and Durbin are trying to cut the branch they are sitting on. :) This will have the exact opposite of their desired effect.
Hope this helps.
NNReddy
04-19 03:09 PM
Visa recapture will help thousands of people and move the queue up
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sc3
08-14 01:06 AM
For those who care to read...the fact that I am suggesting that people should port their priority dates before that door closes shows that I believe that people who have played by the rules (ie actually put in the 5 yrs experience or find a job with EB2 requirements) should get preference !!
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
I call this the plight of EB2 india because as the rules are set up, in theory, if majority of EB3 ported priority dates, then yes, EB2 with later dates would truly get the short end of the stick.
Having said that, the backlash against people like SunnySurya is unfair. From his perspective, he is right and the law grants him the right to sue if he feels so.
THe problem in these forums is that any mature discussion is not possible because any dissenting voice is soon suppressed with ad hominem attacks such as the gentlemen who wanted to buy me tickets to india.
Seriously, how much more immature can we get?
Even reading this discussion, NOT ONE PERSON has attacked the argument on a legal basis. INsults are aplenty though.
Legal arguments were already dealt with in the other thread, there is no basis to sue, as the porting is well established law. So is the requirements for EB2.
Regarding the EB3 to EB2 shafting EB2, well, you already know that most people will not be able to port because they are not willing to change jobs, or that the company is bit too strict about playing with immigration laws.
Also, a point to be noted when you say EB3 has had the opportunity -- you too had similar opportunities. You too could have been EB3, gained experience and converted to EB2. Instead you decided that it was in your best interests to follow your dream of getting a PHD -- a choice, I dont think you are be ruing, but for the fact that you find yourself placed behind all the guys who did not do PHD.
Plight of EB2? I think not. Even with EB3-to-EB2 porting, priority dates are well ahead of EB3 (even without the current jump, EB2 was around mid 2004), and now, I guess when it returns to normal, would be around 2005. So while not exactly current (like EB1, shouldn't they be "similarly entitled" to have a superior lead times), the wait times for EB2, compared to EB3 hardly justifies it to be called "plight".
But then again, to each his own. EB3ers other EB2ers waited almost 3 years for our LCs, people with 2006PDs did not even wait 6 months for it (both EB2 and EB3) -- and worse still are people stuck in BEC (who waited 4-6 years). And yet people in 2006 complain that they have "horrendous wait times".
EB3s saw tons of people getting through substitute labor, people who have no right to cut into the line ahead of us, significant portion of these cases (including EB2 substitution) are fraught with fraud, however the law was weak, and there was nothing that we could do to prevent such things. Lawsuits are useless for us to weed out such applicants, or even question their earlier PDs because they are protected by the then current laws.
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mpadapa
09-17 10:57 AM
The session hasn't started yet. There is a delay since the House is in session. Once the voting on the bill that is currently discussed in the House is over, probably then they will start the meeting..
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smisachu
01-21 04:25 PM
smisachu,
You seemed to be a Pro with so much of information.
I know this is a pretty old thread, but interested to find out if you give some tips on starting this business on a H1B and how i can withdraw profits from that?
Any help is appreciated.
Thanks
What exactly do you mean when you say starting this business? Do you want to open a trading account on your own and trade? Join a day trading firm? Or open a Fund? Each one will have different implications on H1. You can open your own investment account with a brokerage firm and trade your own money, no problem with H1 what so ever.
If you join a day trading firm you will have to be on H1 with them. Very few ones do but I know of a couple who will do it. In fact a classmate of mine is working as a Trader/Analyst with a small trading firm in NYC. They have sponsored his H1.
Starting a fund, (if you can get the seed money :D), you open a LLC and sponsor yourself. You will be an employee of the company and draw a salary. You tell me what you have in mind and I will tell you what to do or what I did.
You seemed to be a Pro with so much of information.
I know this is a pretty old thread, but interested to find out if you give some tips on starting this business on a H1B and how i can withdraw profits from that?
Any help is appreciated.
Thanks
What exactly do you mean when you say starting this business? Do you want to open a trading account on your own and trade? Join a day trading firm? Or open a Fund? Each one will have different implications on H1. You can open your own investment account with a brokerage firm and trade your own money, no problem with H1 what so ever.
If you join a day trading firm you will have to be on H1 with them. Very few ones do but I know of a couple who will do it. In fact a classmate of mine is working as a Trader/Analyst with a small trading firm in NYC. They have sponsored his H1.
Starting a fund, (if you can get the seed money :D), you open a LLC and sponsor yourself. You will be an employee of the company and draw a salary. You tell me what you have in mind and I will tell you what to do or what I did.
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caliguy
11-03 01:46 AM
1 week after getting approved, I got the card in mail today.
All the work that I put in the last 2 month to get my file picked finally comes to an end here. It's good to see that people are proactively calling USCIS and following up on their cases.
Good luck to all EB2 folks who are current and waiting and to all the EB3 folks, hope you guys become current soon.
Keep the faith...
All the work that I put in the last 2 month to get my file picked finally comes to an end here. It's good to see that people are proactively calling USCIS and following up on their cases.
Good luck to all EB2 folks who are current and waiting and to all the EB3 folks, hope you guys become current soon.
Keep the faith...
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ashishgour
09-17 11:37 AM
Guess they are reaching a bi-partisan consent about giving discretion to judges...hopefully this gets done soon..we shud be up next..
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HRPRO
03-29 02:22 PM
Alex
I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.
You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.
This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.
Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.
HRP
I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.
You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.
This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.
Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.
HRP
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days_go_by
07-31 06:23 PM
Hi Guys,
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
Considering that we have all spent enough time stuck in the same job for several years it makes sense to prepare for the time if/when we actually get green card.
So I was wondering if anyone here has weighed and compared the cost and benefit of PMP vs MBA. Any thoughts would be helpful.
Take Care
---
PMP can take you to Project Management, and with experience higher up in the sr management.
With MBA from a good school you can start at serious management level.
It doesn't have to be vs, you can do both.
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Juan28210
04-19 01:42 PM
Hi Folks,
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
I hope you could share your experiences if you belong to the same situation.
I have an approved EB2 labor cert thru PERM, and I belong to ROW. I am now preparing to file I-140 and I-485 concurrently.
I just saw my petitioner's(S-corporation) federal tax return. Gross revenue is $700,000; Net income is $20,000 which is only a quarter of my current wage. The offered wage per my labor cert is $80,000.
Do I have a big chance of denial in the I-140 stage due to employer's inability to pay? Please advise.
Thanks!
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vikasgarg24
07-18 10:24 AM
Reached on 2nd July : lawyer personally delivered in Lincolin. (dont know time)
Status dont know
ck not encashed yet.
Status dont know
ck not encashed yet.
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nashim
08-19 02:10 PM
Congratulations
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darslee
07-14 07:26 PM
Signed earlier :)
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arunmohan
06-12 01:44 PM
Is IV interested in doing a Freedom Of Information Act request to USCIS how and when they used up all visa numbers for EB3-India. That might show some information if they cooked the numbers if at all. We might get some more insight which monthly VISA bulletin does NOT give.
Yes I do agree with you. This is a most affected category. As an organization IV can request from USCIS and individually we cannot ask.
All EB3-India filers:
Please come and join this thread and give your opinion.
Yes I do agree with you. This is a most affected category. As an organization IV can request from USCIS and individually we cannot ask.
All EB3-India filers:
Please come and join this thread and give your opinion.
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vine95050
12-09 11:56 AM
Thank you guys, thank you all for your congratulations!
When can you file WOM? It's a grey area. When the Name Check has been pending for more than 2 years like in my situation, then you definitely have "a case". However, I have heard that some people do it after "only" one year.
Impossible to tell really when it's the "best" time to do it...
Thanks for your response. Do you know of the law that tells you minimum days after which one can file WOM? Probably not.. Thanks anyway and enjoy the ride.
When can you file WOM? It's a grey area. When the Name Check has been pending for more than 2 years like in my situation, then you definitely have "a case". However, I have heard that some people do it after "only" one year.
Impossible to tell really when it's the "best" time to do it...
Thanks for your response. Do you know of the law that tells you minimum days after which one can file WOM? Probably not.. Thanks anyway and enjoy the ride.
smodekurti
10-14 09:49 AM
Hi All,
You know my old H1B case was reopened on Sept. 28, and the USCIS Emailed me that they sent a notice. But I haven't received such notice, my employer/attorney also didn't receive any notice. I wonder the USCIS didn't send this notice at all!
The best way to find out the reason for reopening is to call USCIS. But since this is a I129 petition only the employer or the attorney can get any information since USCIS will not disclose any such information to the beneficiary. If the previous employer agrees to call USCIS, things will be clear.
You know my old H1B case was reopened on Sept. 28, and the USCIS Emailed me that they sent a notice. But I haven't received such notice, my employer/attorney also didn't receive any notice. I wonder the USCIS didn't send this notice at all!
The best way to find out the reason for reopening is to call USCIS. But since this is a I129 petition only the employer or the attorney can get any information since USCIS will not disclose any such information to the beneficiary. If the previous employer agrees to call USCIS, things will be clear.
pmb76
07-14 09:25 PM
I suggest that you remove the glass house proverb. It makes the letter look a little unprofessional. Your letter without it is already very effective. Also put the "H1-B workers are illegal" quote (if there was such statement made on his show) at the top while you put across your objection. If such statement wasn't made but implied by the guest on CNN, don't put that in quotes.
Abhijit, Thank you for your suggestions. If you watch the Utube video, Rep Tancredo clearly said that H1-B visa holders overstay their visas. As far as the "glass house" goes I can't change the petition even if it has one signature. I wrote this to create maximum impact and we can only hope that it does.
Below is link to the Lou Dobbs' episode.
http://www.youtube.com/watch?v=fi_c9ep9uKI
Abhijit, Thank you for your suggestions. If you watch the Utube video, Rep Tancredo clearly said that H1-B visa holders overstay their visas. As far as the "glass house" goes I can't change the petition even if it has one signature. I wrote this to create maximum impact and we can only hope that it does.
Below is link to the Lou Dobbs' episode.
http://www.youtube.com/watch?v=fi_c9ep9uKI
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