samay
07-23 08:18 AM
Dear Attorney,
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
I was hoping you could help or answer this question.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B on full time basis.
Is this ok will it come to haunt me when I file for citizenship?
Thanks
Dev.
Go ahead.
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thomachan72
03-28 09:49 AM
I just now posted that how no one mentioned Dr. JayaprakashNarayan. Well someone did mention.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
Listened to him and here are my thoughts:
Pros
1) Great idea about getting everybody involved in politics
2) Is certainly not an emotional man but rather with great convictions and integrity
Cons
1) Seems to somehow promote atleast sublimly that marksist/communist are better
The last thing we want in India is a marksist/communist movement. Right from the begining (first govt after independence) our prosperity has always been guided by a socialistic but increasingly capitalistic aproach. I wish he realizes that and focus more on political correctness rather than promote communism/socialism.
WE DONT WANT COMMUNISM/SOCIALISM IN INDIA. THESE PARTIES ARE ANTIDEVELOPMENT AND ANTIPROSPERITY. THEY WANT EVERYBODY TO BE POOOR, LAZY AND WITHOUT ANY PERSONAL FREEDOM. EVERYTHING IS FOR THE PARTY AND BY THE PARTY. INDIVIDUALITY DOESN'T EXIST.
I guess that's not enough. There are lot of people who are not aware of this great leader.We need to spread the word about LokSatta.
Listened to him and here are my thoughts:
Pros
1) Great idea about getting everybody involved in politics
2) Is certainly not an emotional man but rather with great convictions and integrity
Cons
1) Seems to somehow promote atleast sublimly that marksist/communist are better
The last thing we want in India is a marksist/communist movement. Right from the begining (first govt after independence) our prosperity has always been guided by a socialistic but increasingly capitalistic aproach. I wish he realizes that and focus more on political correctness rather than promote communism/socialism.
WE DONT WANT COMMUNISM/SOCIALISM IN INDIA. THESE PARTIES ARE ANTIDEVELOPMENT AND ANTIPROSPERITY. THEY WANT EVERYBODY TO BE POOOR, LAZY AND WITHOUT ANY PERSONAL FREEDOM. EVERYTHING IS FOR THE PARTY AND BY THE PARTY. INDIVIDUALITY DOESN'T EXIST.
godbole_sanjaya
04-20 10:57 AM
I wud suggest you against your wish.
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kumarc123
07-25 12:25 PM
I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
more...
jetguy777
07-29 12:16 PM
This is Ron Gotcher's view. I am not advocating his position just posting for the benefit of IV members who may have not read his post regarding forward movement in EB2-India.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
Some thoughts on India E2 movement over the next two months.
More and more, I see people posting messages containing the unspoken assumption that since the Indian E2 cutoff date has moved forward, it is likely to move forward further in the coming months. This is a false hope.
Even with a cutoff date in early 2003, the CIS has sufficient inventory of Indian E2 adjustments on file to use up the remaining inventory of E2 visas for this fiscal year. The reason that the Visa Office advanced the priority date is to move it up to the point where overseas consular posts can take up the slack left by the CIS's inability to close out enough cases and avoid wasting visas this year.
The CIS inventory of pending cases is massive. If there were no quota at all - if everyone were suddenly "current" - and no new cases were filed after today, it would still take the CIS four to five years to close out all of the pending cases that they already have in their inventory.
Overseas consular posts maintain inventories of cases as well. When the priority date for a particular case starts to edge forward and it appears that the applicant may become "current' in the not too distant future, the applicant is told to submit all required supporting documents to the post or the NVC. When this is done, the applicant is reported to the Visa Office as being "documentarily qualified." This means that the case is in a position where an immigrant visa can be issued to the applicant as soon as a visa number becomes available.
The inventory of documentarily qualified cases with current priority dates at a consular post never exceeds that post's ability to process all such cases within sixty days. Consular posts have very high bandwidth processing capabilities. No matter how many cases become current, they are able to process all of them within sixty days.
The reason that the Indian E2 cutoff date has moved forward is that the Visa Office fears that the CIS will not be able to adjudicate enough adjustment of status applications to exhaust the annual quota. They have advanced the cutoff date in order to make more cases overseas eligible for final processing.
This means that overseas consular posts have exhausted their inventories of Indian E2 cases with priority dates earlier than 2006 and the Visa Office had to move the cutoff date forward in order to make more cases eligible to be closed out.
This does not mean that the CIS has closed out all of the pre-2006 cases pending in their inventory. Far from it. When the new fiscal year starts, Indian E2 is likely to retrogress back to late 2002 or early 2003. This is roughly the point reached by the CIS in processing their inventory of pending cases.
Please understand that this is a temporary phenomenon and due entirely to the difference in the processing capabilities of the CIS and the overseas consular posts.
I hope this clarifies matters.
dreamworld
05-03 12:59 AM
Some one talking about the fellow decendents...Indian...
1. Srilankan Tamil is not Indians...
2. Most support Malasian tamil issue because.. it is having some sence...
So don't campare the things... See the issue as stand alone...
You created your forum-id just for discussing Tamil issues. So i suspect you seemed to be browsing around this site to make some noise. This community/forum heard your voice and your views on this topic is not popular at all. So learn why not popular and learn the truth.
You seems to have very basic insight into these issue and trying to pick forum fight.
1. Srilankan Tamil is not Indians...
2. Most support Malasian tamil issue because.. it is having some sence...
So don't campare the things... See the issue as stand alone...
You created your forum-id just for discussing Tamil issues. So i suspect you seemed to be browsing around this site to make some noise. This community/forum heard your voice and your views on this topic is not popular at all. So learn why not popular and learn the truth.
You seems to have very basic insight into these issue and trying to pick forum fight.
more...
manderson
02-12 12:09 PM
pls read my post. I said EB3 ROW
are you dreaming ... India EB3 is 01AUG01
are you dreaming ... India EB3 is 01AUG01
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Macaca
07-03 09:27 PM
Done.. Thanks.
Ramus and Tikka,
I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!
Ramus and Tikka,
I did not follow the 100 page thread. It has more issues that I must have missed. Please collect them and keep checking if I missed any issues. Thanks!
more...
rghangrekar
02-13 10:26 AM
I cannot agree more with the posts from lord_labaku and kuhelica2000. In 2000, during the startup boom I used to work with so-called "experts" in say java that would have a inflated resume, but absolutely no knowledge of what is happening. I am sure based on how their resume was structured, all of them are in the EB2 queue (I am in EB3 BTW). Last year in Nov, a group of us were talking about GC wait times when a friend who was about to apply for labor quoted..."but I do not need to worry, I am applying in Eb2". I have seen posts on this site where people have solely focussed on EB2. If EB2 becomes current, then these dudes would stop supporting IV....
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
Removing the limited quota per country seems to be the ideal solution. But it would help if we do not focus only on the category our application is in. It would help if , after some of us get our GC, we still continue our support for IV.
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gude.ravi
11-06 10:04 AM
Jim Cramer likes the idea of Immigrants buying the homes as incentive for green card. He thinks most of immigrants would work 6th, 7th job to pay mortgage. Everything about an economy is Psychology and behavior of people.
Dont ask me who Jim Cramer is.
Dont ask me who Jim Cramer is.
more...
abhijitp
06-28 04:51 PM
Not sure if this has already been posted, if so, pls accept my apologies.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
http://www.murthy.com/rumor.html
Rumor : If the USCIS receives too many I-485 Adjustment of Status applications during the month of July 2007, there will be a lottery to decide whose applications will be accepted for processing. This could happen because almost all EB categories became "current" for the month of July 2007. Posted Jun 20, 2007
Clarification : There is no lottery expected for the I-485 cases filed in July 2007. This rumor seems to have originated based on the recent crisis with cap-subject H1B petitions. In that case, the USCIS received more than the annual quota of H1B petitions on the first day of filing for Fiscal Year 2008, which begins October 1, 2007. Therefore, the USCIS accepted cases for processing based on a computer-generated, random selection. The system of H1B cap numbers and the EB visa number limits operate differently.
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thomachan72
01-13 02:59 PM
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
more...
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_TrueFacts
09-03 11:29 PM
I never thought CHANDUV23 will do dirty politics. A time will come to show the real color of the people. Do not rejoice when some one who is dead. It can happen to anyone. No guarenty we will see the home land again.
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
dealsnet,
You picking on CHANDUV23 is unwarranted. You lack debating skills. Do you have a argument to make against "unprecedented political killings, govt and personal land grabbing, corruption, and opportunistic politics of YSR" ?
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gdilla
05-11 12:21 PM
A pdf of a comparative analysis of Canadian taxes. A little dated, but still more accurate than a lot of info posted here.
more...
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ryan
08-17 02:35 PM
It doesn't matter. The topic is about what the immigration officers are doing to the innocent civilians. In this case it happened to be SRK who everyone knows but it is happening to everybody. Just because his last name spelled as khan, can they interrogate every khan in this world?
Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.
When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.
Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.
Please, they do not pull aside every 'Khan' in the world. Yes, things seem OTT every now and then with an amount of drunken patriotism -- and you may come across an occasional "Voldemort" from the INS. However, can you place blame solely on homeland security? We live in a global world / economy of nearly 6 billion and every day visitors with trade of varied kind - surely you cannot expect the avg Joe at homeland security to know every zero talented b'wood hero out there?! I'd also urge you to look at the brighter side of the coin - of the various programs in place to have African Muslims, Arabs and the Iraqis being moved into the US, by giving them jobs, homes and permanent resident status. Likewise with Afghans, and the visa diversity program. These folks have names like Abdul, Osama, Khalid and Khan. So please, tone down the b'wood inspired sensationalism - view things in context.
When you choose to visit America or any foreign nation, national security & well being override celebrity status - period.
Now, I find it interesting, whilst detained at EWR, Shahrook Khan called the Indian Media in 'protest'. Perhaps positive PR for his new movie - 'My name is Khan' that's apparently about racial profiling in America ..hmmm?! Alright, now that is talent. Unethical, perhaps, nevertheless, talent, I think.
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okuzmin
10-05 06:07 AM
Yes... at the time of application the H1B should be valid for at least 1 year.... I got my papers returned to me coz of this. I reapplied once I renewd my H1 for 3 more yrs
It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.
It doesn't have to be H1B; you simply had to enter the USA legally (in any status) and stay legally in the country for at least one year. F1, J1, H1, L1, or any other status -- it doesn't matter.
more...
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dealsnet
09-04 12:26 PM
If this is true, it is serious. If a donors information is compromised, it is like selling the credit card info the cheats. It is high time to clear bad elements from IV.
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
Yup, it is a religious fanatic. Also it must be an insider.
I am still wondering how the full name of "Jayapaul Reddy Vadicherla" is known.
One thing is that the Vadicherla is a Donor and must have given all his details while donating. The insider have access to this information and posted it.
_TrueFact, can you post my full name?
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gc_check
01-13 10:33 PM
The memo certainly appears to make life a lot difficult for genuine LEGAL non-immigrants and future immigrants taking the EB route. No questions, there were many mistakes made in the past, by the so called "Consulting Company's and also the employees/non-immigrants themselves, who willing joined hands with these greedy companies for their own benefits, (Ex. --> Converting H4 -> H1 through the so called startup's, etc.. with false experience, etc) are the cause for all this in a way. USCIS should have a better way to punish these folks, but still they are many many genuine cases, people who have come with real experience from their home countries, people graduated from US Universities and then pursed their career here, etc... should be considered when drafting memo's like this. These people, I am sure are a large percentage here and should not be punished for following every single law and trying to make life better for them and for all. Also, it they make it so difficult for people to come here /work, Well, at least IT/ Software sector is not in the early days any more and this is well matured and BRIC countries have more qualified people getting out of colleges and more experienced people, going back, will do more good for business's already looking to outsource and this would promote more outsourcing and eventually work against the better interest of the citizens.
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_TrueFacts
09-16 09:16 PM
Families paid to claim YSR shock deaths (http://indiatoday.intoday.in/site/Story/61917/Top%20Stories/Families+paid+to+claim+YSR+shock+deaths.html)
http://www.youtube.com/watch?v=ckc3oGDljsM
Have to see how low YSR's Son can go. KVP used people's deaths as a reason to claim CM post for another Gunda YS Jagan.
Andhra Pradesh Congressmen are going to extreme lengths to show how scores of people in the state had died of shock following former chief minister Y.S. Rajasekhara Reddy's tragic helicopter crash.
Ever since Reddy's body was found in the Nallamala forests on September 3, there have been reports sourced to the Congress party of deaths from heart attacks and suicides from all parts of the state.
However, cross-checking some of these cases revealed an uncomfortable truth that many had suspected all along - that these people had died of natural causes and their deaths could not be linked to Reddy's accident. The investigation also exposed how cynical local Congress leaders, and in one case allegedly a state minister, had paid the families of those who had died from natural causes since September 3 to say the deaths were due to shock following the former chief minister's accident.
http://www.youtube.com/watch?v=ckc3oGDljsM
Have to see how low YSR's Son can go. KVP used people's deaths as a reason to claim CM post for another Gunda YS Jagan.
Andhra Pradesh Congressmen are going to extreme lengths to show how scores of people in the state had died of shock following former chief minister Y.S. Rajasekhara Reddy's tragic helicopter crash.
Ever since Reddy's body was found in the Nallamala forests on September 3, there have been reports sourced to the Congress party of deaths from heart attacks and suicides from all parts of the state.
However, cross-checking some of these cases revealed an uncomfortable truth that many had suspected all along - that these people had died of natural causes and their deaths could not be linked to Reddy's accident. The investigation also exposed how cynical local Congress leaders, and in one case allegedly a state minister, had paid the families of those who had died from natural causes since September 3 to say the deaths were due to shock following the former chief minister's accident.
gc28262
06-12 12:40 AM
People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.
.................................................. .................................................. ..............
.................................................. ...................
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
You are just trying to close the door behind you.
You think Grassley bill is good for everyone. Yeah sure it is good for you !
You have begun to think like loosers guild( aka programmers guild)
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Did you ever worry about depressing citizen's wages when you were on H1B ?
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
.................................................. .................................................. ..............
.................................................. ...................
dilipcr,
Don't tell us you are trying to save america for americans ( now that you are going to be a citizen)
You are just trying to close the door behind you.
You think Grassley bill is good for everyone. Yeah sure it is good for you !
You have begun to think like loosers guild( aka programmers guild)
You claim the fittest will survive and you don't need any luck to survive. However you had your round of layoffs too. That is a fact of american job market. Luck does play a lot in people's lives especially here in US. I have heard of an IBM engineer who was laid off during 2001 recession. He had 2 patents under his belt. So nobody is immune to luck factor.
Now that you have become a GC holder and soon going to be a citizen, you are so much worried about the wage levels and and L1 visas. You are ok with H1Bs because you were on H1B earlier in your life.
Did you ever worry about depressing citizen's wages when you were on H1B ?
It is one thing to be so self centered, another to say it aloud on a prospective immigrant's forum like IV.
BTW america is the best place to do business. If you feel threatened by more work force entering USA, become an entrepreneur like Vivek Wadhwa, not a loser like Ron Hira.
Aren't we Indians a bunch of crabs !
msp1976
02-13 02:50 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
Refer to this text.....
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.
Look at paragraph a(5)
(5) Rules for employment-based immigrants
(A) Employment-based immigrants not subject to per country
limitation if additional visas available
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) Limiting fall across for certain countries subject to
subsection (e) of this section
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.
This is the section that allows for the 7% cap to be violated in case additional visas are available.................
This is the one many anti immigrant people tried to get removed again and again......
USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...
