vikki76
03-28 06:59 PM
Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
wallpaper Hoytjessica
buehler
02-12 08:28 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
STK
02-08 10:58 AM
If I dont transfer my H1B for a couple of years then what happens. So for example I get a job today and start working on EAD and there for a 2-3 years just by renewing EAD via my husband. Three years down the lane I want to get back on H1B due to problems with I485. Is it possible to get on H1B at point in time because I still have three years remaining on it. WOuld the cap be applicable? In addition, if we find out there is a problem with I 485, does INS give me some time like 1-2 months to make that change in status that is from AOS to H1B?
2011 true blood jessica fangs. pointlesswait. 08-05 10:38 AM
clif
08-12 02:25 PM
Elaine, thank you for your prompt reply. And radhay, thank you too.
more...
chanduv23
07-27 11:07 AM
LAMP - Calgary. Also, some financial analysts are predicting that the $CDN will actually be worth *more* than the $US by the end of 2007.
By then, US GC will become easy and everyone will run towards Canada
By then, US GC will become easy and everyone will run towards Canada
tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
more...
JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
2010 tattoo Fangs. true blood
interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
more...
Blog Feeds
12-18 09:50 AM
As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.
The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.
It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.
More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)
hair true blood jessica fangs. true
pappu
12-13 04:20 PM
Good Idea.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
We have 'invite friends' on the left navigation area of this website.
http://immigrationvoice.org/index.php?option=com_iv_invite_friends&Itemid=55
We all must use it more often to sent the message about IV to as many people as possible.
more...
Dhundhun
08-08 01:40 PM
Folks,
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
If you meant India, there is one case @
- mytracker23 India EB2 PD 07/24/2004 approved on Aug 07
If you meant China, there are couple of cases @
- greencard1234 China EB2 PD 03/25/2005
- erlizhinian China EB2 PD 03/26/2005
- evereadyjoe China EB2 PD 11/24/2004
But one thing is for sure, NSC has more ROW cases processed/approved, TSC is primarily going/approving India.
I tried to get info. in http://immigrationvoice.org/forum/showthread.php?t=20710, but no one else reported.
I was hopeful of my case with Aug 2008 visa bulletin, but seeing the rate/pattern of approval @ NSC (post Apr 01, 2004), now I see no hope in Aug/Sep 2008.
It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
What can be done?
If you meant India, there is one case @
- mytracker23 India EB2 PD 07/24/2004 approved on Aug 07
If you meant China, there are couple of cases @
- greencard1234 China EB2 PD 03/25/2005
- erlizhinian China EB2 PD 03/26/2005
- evereadyjoe China EB2 PD 11/24/2004
But one thing is for sure, NSC has more ROW cases processed/approved, TSC is primarily going/approving India.
I tried to get info. in http://immigrationvoice.org/forum/showthread.php?t=20710, but no one else reported.
I was hopeful of my case with Aug 2008 visa bulletin, but seeing the rate/pattern of approval @ NSC (post Apr 01, 2004), now I see no hope in Aug/Sep 2008.
hot Fangs.jpg (500 × 282 pixels,
krishmunn
03-29 07:16 PM
All,
Anyone can give some input on this ?
I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,
since my wife already got the visa stamped, do you think I need to verify for PIMS ?
or it should have been already verified .
Any idea?
Thanks
How do you verify for PIMS ? I am guessing you are saying that you plan to verify it before going for stamping. I am looking for an answer on how to verify PIMS on your own before going for stamping
Anyone can give some input on this ?
I have approved H1b renewal and my wife went to India and got h4 visa based on my approval, I have not stamped yet,
since my wife already got the visa stamped, do you think I need to verify for PIMS ?
or it should have been already verified .
Any idea?
Thanks
How do you verify for PIMS ? I am guessing you are saying that you plan to verify it before going for stamping. I am looking for an answer on how to verify PIMS on your own before going for stamping
more...
house true blood jessica fangs.
sreddy80
10-19 10:14 AM
Dear Immigration Attorney,
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
tattoo hair true blood jessica fangs. May , pictures jessica hamby true blood
njgcmar03
02-21 03:35 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
more...
pictures makeup true blood jessica fangs. true blood jessica crying. hairstyles TRUE
pramodirt
12-06 11:07 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
dresses true blood jessica fangs. true
thomachan72
05-24 12:14 PM
Can anyone tell me what is ADIT processing?
I wish nobody answers your question even if they knew. How does your question relate to your thread heading?? It is really bad when people start posting catching headings and then post something that is not at all connected.
I wish nobody answers your question even if they knew. How does your question relate to your thread heading?? It is really bad when people start posting catching headings and then post something that is not at all connected.
more...
makeup true blood jessica fangs.
cinqsit
02-09 06:30 PM
Please help...
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
For your LCA and H1 petition I would think you should mention DC as work location -- but check with an attorney
You should be also aware that you might get USCIS site visit at the location that you mention so be prepared for that
Dont know about payroll
cinqsit
girlfriend True Blood
gcformeornot
08-08 09:48 AM
Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
hairstyles Jessica True Blood Shirt
Blog Feeds
07-08 11:30 AM
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
ebizash
02-19 10:49 AM
As far as I know you did not engage in any unauthorized employment since your school's office issued you CPT (Pre-graduation equivalent of OPT issued by USCIS post-graduation). Most F-1 students engage in CPT related internships so you are fine there.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
For 1099-Misc, I am not 100% sure but my gut feeling is that you should be fine as long as you paid your due taxes. I know a few people who got 1099-Misc while in F-1 status (read Amway guys) but their total amounts on 1099-Misc were more in the range of below $100 as opposed to a few 1000s as I would imagine yours is.
smuggymba
01-16 11:12 PM
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.
No comments:
Post a Comment