desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
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at0474
12-16 12:31 AM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
--Hopelessness, negative thinking and depression are real feelings. Many people live in denial. Some realize and never express it till it consumes them completely. Some express it to their relief but may suffer from not knowing the reason causing depressed feelings.
In your case , you are not in denial, you are expressing it and most importantly, you have identified the reason behind feeling hopeless and depressed.
If you can do anything to solve the problem, then do it without worrying about the outcome. If the situation is beyond your control, you are not going to solve it by worrying more about it.
Be in control. Don't let it control you.Keep yourself occupied by doing things that you like and entertain yourself.
I am going through the same.Yours truly has been waiting for a settled life since 1998.
Good luck.
getgc2008
08-25 02:17 PM
I got approval email 3 weeks back. Does anyone know how long it takes to get the physical Card? I have not seen any updates after this. Thanks in advance
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
Post Decision Activity
On August 3, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS.
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EADplease
09-20 10:39 AM
wow. Congratulations.
I also heard from my attorney yesterday that the checks are being processed now. I don't have any information other than that. Can I also call them and get the receipt numbers -- what information do I need to get the number? My case was sent to TSC...
Thank you!
Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
I also heard from my attorney yesterday that the checks are being processed now. I don't have any information other than that. Can I also call them and get the receipt numbers -- what information do I need to get the number? My case was sent to TSC...
Thank you!
Today I saw that my checks were cashed and I called USCIS to get the receipt numbers. The IO was very polite and gave me the numbers. Although I had filed at the Nebraska center, the receipt number starts with SRC (Texas).
EB2 ROW (Cross Charge)
PD: 1/11/07
I 140 Approved (Texas): 8/22/07
AOS sent (Nebraska) : 7/26/07
Receipt /Notice (SRC): 9/17/07
more...
Dhundhun
12-17 02:24 PM
1. Good health (which we often take for granted)
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
shukla77
05-23 12:36 PM
sent emails to 10 senators
more...
gc28262
03-07 01:54 PM
I agree with UN's observations.
Many of us in this group doesn't have the wisdom to understand this including me.
However IV core should enlighten members so that they will stop going ahead with agendas that could be detrimental to our common goal. They should let at least the leaders of such efforts know why some of their ideas may be bad.
Many of us in this group doesn't have the wisdom to understand this including me.
However IV core should enlighten members so that they will stop going ahead with agendas that could be detrimental to our common goal. They should let at least the leaders of such efforts know why some of their ideas may be bad.
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pallavan
09-26 10:29 AM
& who'll change it....pu55ies like u?
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)
BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.
Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.
more...
gsc999
10-08 05:39 PM
But please, just trying to beat around the bush is not going to help anyone here for that matter not just me alone. You suggestion of sending flowers seems like that is the only solution to all the problems. I would say the reversal of the July 2 visa bulletine didn't just happen because of the flowers the members sent, the law suit AILA wanted to file against USCIS was one of the major reason apart from the California's Lawmakers letter. So please don't try to cut peoples idea by trying to belittle them, if you don't agree with them it is ok, if everyone agreed on the same thing life will be so dull.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
---
Your post is highly misinformed and members aren't surprised by your lack of correct information, you mention in your profile that you don't want to volunteer and you didn't attend the DC rally. No wonder you are disconnected from reality about how far IV has come. It is a fact and all members know this, IV scooped the July visa reversal news.
Please stop living in the blunderland and face the reality. IV was a big reason, we never clam to be the sole reason. We work with other stakeholders. Without a grassroot effort none of the other constituents would have been effective. You mention about the AILA lawsuit "threat," well, why didn't they actually file the lawsuit? We agree that the lawmaker's letter was instrumental in the July visa fiasco reversal. We had an unprecedented San Jose rally by legal immigrants.
You need to get serious and need to contact your state chapter leader to get some more information about IV.
Stop misinforming others! It is about time IVers realized their infuence and exploit their full potential. Don't let such misinformed comments affect your efforts.
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whyregisteration
12-13 02:54 PM
one can call if FP notice has not got yet. But nothing useful for me (July 3rd filler), recently I received one mail: '.. still within our processing time ...', still no FP:eek:
more...
aachoo
05-09 11:22 PM
A suggestion about the contents of these emails/letters:
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.
I see 2 problems with this:
1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.
In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.
Examples:
Impact on US economy:
- I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business
Impact on our families:
- My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork
Impact on the communities:
- Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.
Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!
-a
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kumar1
11-21 02:46 PM
Few days ago, I saw this on TV - An American soldier died in Iraq leaving behind a 29 year old Polish wife and 6-month-old US citizen baby. Wife's paper (adjustment of status from K1->GC) was pending for 6 months or so with USCIS. When USCIS came to know about the death of that soldier (US citizen and I do not know how they came to know about it), they issued deportation order for his wife. Reason being, primary applicant is no more in this world so his dependent's application is null and void. She has been running from door to door with a baby in one arm and death letter of her husband with deportation order in the other arm. There is no one to listen to her. She lost her husband; she is going to lose her house and ability to stay in this country.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
I absolutely hate to say this but Mehul, I think your wife will be better off in her home country. Please weight this option as well. My prayers are with you.
Mehul,
It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.
more...
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aa_ke_phas_gaya
05-08 05:06 PM
CIR is not going to happen, even if it happens there will be nothing for Employment Based Legal Immigration.
Any large immigration overhaul is not going to work in current economic climate.
And yes, you can not file a law suit for a law that we all were aware of while entering this country. No doubt those who are waiting for long time and are in the country for long time are in miserable condition but I don't think law suit is an option. But I certainly believe government is not aware of true picture of this situation.
I would like to take initiative and present the situation to senate and president's office. However I don't want to do this without approval of senior IV members. This would help those who are in country for long time and have been waiting for long time.
Senior members, please advise.
Any large immigration overhaul is not going to work in current economic climate.
And yes, you can not file a law suit for a law that we all were aware of while entering this country. No doubt those who are waiting for long time and are in the country for long time are in miserable condition but I don't think law suit is an option. But I certainly believe government is not aware of true picture of this situation.
I would like to take initiative and present the situation to senate and president's office. However I don't want to do this without approval of senior IV members. This would help those who are in country for long time and have been waiting for long time.
Senior members, please advise.
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yabadaba
03-09 12:40 PM
another story:
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything
then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting
can u beat that...hes been here for 16 years.
putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.
like russell peter's chinese person says "be a man...do the right thing"
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gkdgopi
07-07 08:38 AM
Totally agree.. Can you tell which law has been broken by them.
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
They didnt break a single law.
USCIS broke a law last month by not accepting the EB3 Other workers, even when the bulletin said that the numbers were avaible.
But this time , they just did something morally wrong ( that 2 i am not sure, based upon what i have read so far, which are more or less speculations)
DOS updated the bulletin , for which they have full legal rights,
and USCIS just follwed it, No Law was broken,atleast i cant see, which law was broken.
If you go for a lawsuit , you would get those damages back, but as i said USCIS being a fees funded organisation, its will come back to you.
What about the applications received before release of bulletin?
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tonyHK12
02-15 09:18 AM
How about we ask our lawyers to contribute for this event?
Good idea, I was informed some have helped in the past.
Good idea, I was informed some have helped in the past.
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cjagtap
11-21 10:11 AM
Dear Mehul,
I am extremely sorry to hear about your situation. I guess you shd directly contact USCIS authority who can guide
you properly instead of going thru' multiple lawyers . Write a letter to the state senator an explain your situation.Last but not least remain positive. God is there with you and your family.
I am extremely sorry to hear about your situation. I guess you shd directly contact USCIS authority who can guide
you properly instead of going thru' multiple lawyers . Write a letter to the state senator an explain your situation.Last but not least remain positive. God is there with you and your family.
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Sakthisagar
08-09 10:20 AM
There is no reason people who are here from 1999, and still does not have a GC, for a person who is EB2- 2006 why USCIS give priority? Let EB2 and Eb3 category move hand in hand they already gave some relief to EB2, now they should move EB-3, people are waiting whose priroty dates are Year 2002, but if a EB-2 just came on 2007 gets Green Card that is unfair, One year gap is ok between Eb-2 & EB-3 but not 5 years.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
I personally believe there are limitations for IV or any other organisation to influence the Political and Economic force that are existing in this world nowadays. Even if we lobby even if we talk, even if we gather, if those kind of forces are not benefitted in the form of votes(for power)(lobbying economically also depends on the personality of that person who you want to influence) nothing solid is going to happen. That is the TRUTH. But TRUTH sometimes is undigestable and it hurts a lot, and especially people who is having an agenda it hurts a lot! As always appreciate the work and sacrifices IV is doing for the immigrant community. Due to family and Work commitments could not involve actively.
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mpadapa
08-18 04:16 PM
8 pages of little substance..:D
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
Problem: USCIS is not following FIFO
Why are they not following FIFO: Becoz they don't want to waste visa's. If I am USCIS what am I supposed to do. If I waste visa I get smacked. If I try to use up visa I get smacked ;) So what am I supposed to do with the limited resources:confused:
SOLUTION
Provide a provision for USCIS to automatically recapture unused visa's - this will give USCIS a buffer so that they don't act crazy in the last quarter - This provision already exists in HR 5882, this benefits everyone
Short Term - Gather a group of affected ppl and meet with USCIS and Immigration subcommittee chair's and present the issue and let Congress put pressure on USCIS to follow FIFO.
Note: My understanding is that USCIS is not doing any unlawful thing (guidelines aren't a law) by not following FIFO, but however it is unfair.
Best solution is HR 5882, it benefits everyone
It is a shame to see high-skilled folks stoop to such low-levels (EB2-3 fights) just to get a card. Please have basic etiquette - respect for fellow professionals. EB1/EB2/EB3 is just a classification based on job description, America needs every category, so please respect those category members. Every category is inter depended on each other. For example: don't tell me that an EB1/2 fellow doesn't require EB3 folks for his/her professional growth.
Please stop this EB1/2/3 category fights and focus on a long lasting solution to the retrogression problem.
Let us have a healthy debate to solve the problem rather than fighting over silly comments..
velan
07-20 11:08 AM
It is safe giving money to core through IV. If yes, I will pledge $100. Please let me know the details.
gc4me
04-23 02:50 PM
This guy is a deshi employer. He is on H1 so he is a silent partner & that why scratching his head.
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
There are attorneys who will charge only after recovering money. The stupid employer can be sued for lost wages along with civil penalties from which the attorney's fee will be paid.
I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.
If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.
Also can you get in writing from you current employer that they will support you in case of law suite?
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