dollar500
04-09 07:30 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
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c9411010
08-04 03:29 PM
guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
baburob2
02-16 01:17 PM
Hi Logiclife
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
The 2004-2005 more usuage of EB visas for Indians is done because those were approved through AC21's unused visas i believe between 1999-2000 which are quota independent and not just from the annual quota of 140K. Hence in 2004-2005 there were more usuage. Starting from 2006 only thing left is the annual quota of 140K with per country quota of 7% at the max which has to be split among several EB categories in some proportions (roughly 1/3 among EB1, EB2, Eb3).The spillovers within 7% alone can be redistributed within a country's EB quota in the final quarter of the year. Hence the max India can get is 7% no matter how much gets spilled over from the rest of the world. THe only way to get the spillover back into the picture is another law enactment everytime it happens to get it back which is slow and painful process. Hence in nutshell to remove retrogression the easiest way is to remove country cap is or increase it . Else it is always going to stay even if annual quota is increased or through anyother measures. Hence I would recommend positively IV to focus on doing it and not mere increasing the quota.
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logiclife
03-26 08:20 PM
Working off the books is illegal ofcourse.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
more...
jonty_11
11-09 02:52 PM
Another important thing to note is that although GC is for a future employment oppportunity...you clearly state in Labor Application whether the employee is working with u currently....if u answer yes to that (which is the most common scenario) ...u have to provide the address of the location he works at...which shud be consistent with the Recruiting efforts undertaken (in that same area) by the employer......
So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.
So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.
angelfire76
12-07 05:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
more...
waltz
08-24 02:05 PM
I'm sorry if this has been posted before, but the show is based on the following study:
************************************************
Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
Contacts:
Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners
More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog
(KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.
The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.
�The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�
Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.
In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.
The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.
Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.
Among key findings in the most recent report:
Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.
�Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
About the research team
For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
Read the report
************************************************
Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
Contacts:
Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners
More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog
(KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.
The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.
�The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�
Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.
In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.
The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.
Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.
Among key findings in the most recent report:
Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.
�Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
About the research team
For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
Read the report
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sanjay02
08-22 03:07 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
more...
chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
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pbojja
03-18 04:59 PM
Sorry but little confused .
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
Did you apply the GC with the company you are working for now? If so why do you want to change Employer before I140 is approved .
If you change the company and if there is a query on your 140 you are back to square1 .
I would recommend you work on I140 approval , as amit suggested contact your senator
more...
snathan
08-18 06:39 PM
Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.
At least don't wish them bad luck....
This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.
At least don't wish them bad luck....
This is stupid. I am not wishing good luck or bad luck to anyone. We are trying to explain the rule and its consequences. Its up to them to take it or not. Moreover I am not a fan of people who applied H1 through some desi consulting (most of them with fake experience), sitting on bench without any project and put everyone in the bad light, giving ammo to the antis. Do you know how many house wives put eight-ten years fake experience when they dont even know the difference between USB port or ether net port. Its not a mistake...its called greed. Well I am not here to fight with you...but thats the fact.
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shreekhand
07-29 10:55 AM
Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!
more...
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amsgc
04-22 09:59 PM
Indian companies like wipro, infosys discourage GC processes.
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
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eb3_nepa
08-14 02:47 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
$745 is the CORRECT fee for 485+765+131 including the bio-metric fees. The USCIS must have screwed up. How else did one get received correctly and one get messed up!!??
more...
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
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illinois_alum
05-27 09:35 PM
See answers in Blue below
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE YES. I USED SAME FOR MY WIFE
2. Current Immigration Status : Again think should be PAR:PAROLEE YES
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
I take this has to be the date of application. We didn't remember the exact application date for one of the EADs - we entered an approximate Date
4. Also i have applied for EAD twice, do we need to put the information for both of them. The information is not required...but its better to enter it
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485 YES
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE YES. I USED SAME FOR MY WIFE
2. Current Immigration Status : Again think should be PAR:PAROLEE YES
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
I take this has to be the date of application. We didn't remember the exact application date for one of the EADs - we entered an approximate Date
4. Also i have applied for EAD twice, do we need to put the information for both of them. The information is not required...but its better to enter it
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485 YES
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
more...
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chanduv23
05-05 08:49 AM
The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
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wandmaker
09-30 09:58 AM
Thanks Chanduv23...this really helps to keep up the spirit.
Does anyone know how long does it take to get the mail?
You should have it by end of the week or before middle of next week.
Does anyone know how long does it take to get the mail?
You should have it by end of the week or before middle of next week.
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galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
jonty_11
11-06 12:29 PM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
GumI485
05-14 07:34 PM
We will keep working on this Retrogression issue...
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
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