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Right off the bat I'd say you need five years of progressive experience after bachelor to qualify for EB2. Secondly, the job must require that level of qualification and experience. However, you may want to ask an immigration attorney.

Hello fellows in pain!

I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:

- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.

Any suggestions would be extremely helpful!

Cheers,
Me.

Hi,

While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).

It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.

As you have agreed that two US Citizens are available, you must give them the oppertunity.

If not, not only you are but your company is also in trouble.

I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points

1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.

Thanks for the advices/suggestions.

The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.

Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.

Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.

TIA

Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.

My business travels took me, once again, to Las Vegas. Armed with a polarizer and more time on this trip, I was determined to do a better job of photographing the views in Red Rock Canyon than I did the last time. Was able to shoot in the canyon area at both sunrise and sunset. I'm much happier with the results this time. Here are three of my favorites from the effort. Several more in my gallery. Comments/critiques appreciated.
Gary

http://www.dphoto.us/forumphotos/data/500/rrc06.jpg

http://www.dphoto.us/forumphotos/data/500/rrc03.jpg

http://www.dphoto.us/forumphotos/data/500/rrc04.jpg

Hi folks,

Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

my best :)



many many congratulations...and thanks for sharing the news!!!

Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.

Why isn't AP under curfew when so many are dying?

hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...

Whats is the connection between "J1 Visa" and Canada?

You shouldn't confuse porting I-140 using AC21 and H-1B - these are two different things.

You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.

When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.


What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

Actually. .. vdlrao could be Honorable Mr. Charles Oppenheimer (Official in charge of issuing visa bulletins) :D:D:D:D



his predictions were so accurate ... black 'copters landed and took him away... :p

Emailed Detroit News and Free Press
and NPR(Miradio.org)

While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)

I second that...Why should there be a link between his req and his contribution? If we are able to answer/clarify whatever doubt he has..probably he would see the value in continuing with the group and probably contribute too...else no first timers would ever wanna join us

can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!

Open this thread in case if you get it..


Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

Can some body guide me
-Srarao
$100-so far

Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

Krishna.

You can actually call IO at USCIS and get address updated if you are in the system.

Please consider contributing IV...IV need your help to resolve our immigration problems.

http://immigrationvoice.org/forum/showthread.php?t=15905

bump^^^^^^^^^^^

>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<

I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.

There's no need for you to be negative.

Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


ps57002

There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.

The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.

go do it..
cheers

edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1

IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon