kuhelica2000
01-30 06:20 PM
This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
wallpaper Haut du Chicago tribune center
rogerdepena
09-27 12:16 PM
i got an email from CRIS today. thanks for making my day CRIS. lol.
deepimpact
09-23 04:44 PM
If someone ports from eb3 to eb2 they should get the priority date of the day they were eligible to file an eb2 and not be able to carry the date from eb3.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
Porting makes sense in a family based visa where your petitioner can file for an application while he is still a green card holder and then becomes a citizen which upgrades the beneficiary's category as well.
On an employment visa you file for an eb3 when you are eligible for an eb3 job, you file for an eb2 when you are eligible for an eb2 job. Why would you be able to jump ahead in the eb2 line when you were clearly did not have an eb2 job ? Just because you filed an application at some point of time in eb3 and waited a decade to get a better job doesn't mean someone else has to pay for your (pick one - laziness, ineptitude, lack of skill or lack of knowledge).
Most of IV Core is made of eb3 applicants and therefore there has never been any push from the core on this matter. And as someone said .. You ARE eating my lunch..
That's the way the rule is set and it doesn't matter if it makes 100% sense or not. Just like not all EB3 folks are happy with change in spillover, all in EB2 may not be happy with the way Porting rule is set up. But at the end of the day the total no. of visas available is the same, whatever way it is distributed and unless legislative change is made, both EB2 and EB3-I will remain retrogressed anywhere between 5-15 yrs.
2011 Marina City, IBM Tower,
humdesi
12-16 06:59 PM
Wouldn't count on that too much. Check how many people came in on H-1B just prior to those years. Then look at the annual per-country quota.
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
Don't worry Bro' this retrogrssion is artificial...
Cases Pending for year 2000, 2001, 2002 & 2003 may be few hundresds..
even single case is is pending(due to name check delays and and it has been cleared recently), they have to regtrogate to cover that case...
For EB2, retrogression is artificial, it doesnot reflect actual numbers.
March/April 2008 - will show up more realistic numbers..
more...
kshitijnt
04-20 02:28 PM
I would probably not worry too much about it. You probably signed a non compete not to join company B. You can save 4K in like 2-3 months. This company may have used the same tactic at multiple places. For future ref., just keep the non compete with you when you sign it.
anda007
07-09 12:01 PM
People (including me have already sent the flowers to be delivered on the 10th.
So please do not change these dates, since that would look very awkward.
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
So please do not change these dates, since that would look very awkward.
I have read in a few places that we plan to send flowers on 11, and 12th also?
If that is the case then the document has to be updated to include those dates. Also, I suggest collecting emails and fax numbers and assigning a few people to do the actual "sending". This will make it easier to coordinate.
more...
diptam
06-26 03:44 PM
" Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.
But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year
Sounds like there is a way out.
Could you please post whole sentence? Thanks.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
2010 Chicago Tribune Building Posters by kndchicago. Night shot of the Tribune
slowwin
01-30 05:33 PM
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
more...
bebar
06-17 09:32 PM
I am waiting ..
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
Mailed to NSC on: May 31st.
Received at NSC on: June 1st
140 approved from : CSC
Receipt Date : Not yet received.
Is there any one who filed on June 1st not yet received the receipt?
hair Chicago#39;s Tribune Tower,
actaccord
02-17 11:11 AM
local chapters....I have been part to two chapters but not seeing any communication happening around. On one chapter last communication is on June 2010 with 170 members and on another chapter last communication is on Dec 2010 with 9 members.
Local chapters need to be as active as IV forum to engage their members to take part actively.
Local chapters need to be as active as IV forum to engage their members to take part actively.
more...
garamchai2go
08-01 12:37 PM
Paper renewal 6/20
Ead approved for 2 years(received card on 7/21)
Case status says it is still pending.
Ead approved for 2 years(received card on 7/21)
Case status says it is still pending.
hot tribune tower
anil_gc
08-07 10:00 AM
My I-485 was delivered to NSC on June 26th. I-140 is approved from TSC. I did not get my receipt yet so I talked to my attorney, she said the case may be transfered to TSC. TSC receipt completion date 6/26, considering the tranfer time of 2 more days we may get our checks cashed by this week. I hope this become true!
My I-485 was received by NSC, on Jun 25th. Called USCIS today, they said information is not in system. Lawyer is also not repsonding, if checks are cleared. My previously approved I-140 from TSC has a LUD of 08/05/07.
My I-485 was received by NSC, on Jun 25th. Called USCIS today, they said information is not in system. Lawyer is also not repsonding, if checks are cleared. My previously approved I-140 from TSC has a LUD of 08/05/07.
more...
house The Chicago Tribune Building
ganguteli
01-29 06:37 PM
I think the grace period is 90 days from the date of start of H1B written in the approval notice. After that your H1B is void. But I think you need to inform USCIS that you wish to continue on H4. Otherwise it can create problems on out of status when you apply for green card.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
If you got a I94 with approval, then technically you have been converted to H1B. Having a visa on passport is just a formality for travel. But you can stay in the country on H1B as long as it is valid and you continue to hold the job of the sponsor. If you do not hold the job of the sponsor and you could not transfer the visa on time, you become illegal. At the time of re-entry, you can be denied and barred for 10 years if it is found that you stayed illegally.
Also remember, once you accept the job on H1B and you are on H1B and you lose your job... then you have to leave the country in 15 days. This is kind of a grey area as I have not seen 15 days in black and white anywhere but have read that it is 15 days and am not sure how strictly it is enforced. But do not think you can stay for month/s illegally because that will hurt you in your GC application. But staying out of status can create problems in greencard application. If that happens you must immediately petition to revert back to H4. In your case, have you worked for a single day on H1B? Have you pad any taxes on H1B? Do you take insurance from your employer? Are you technically on Bench? Remember 'Bench' is not defined in law and being on bench also means you are employed.
So you need to see which scenarios fit in your case and act accordingly.
tattoo Vintage Chicago Tribune Tower
newbie2020
05-05 04:52 PM
What is ur PD? My prediction is by end of 2008 EB3 will touch 2003.
I have a long journey Mine is EB2 02/08
I have a long journey Mine is EB2 02/08
more...
pictures Chicago Tribune Photo.
kalyan
09-10 05:04 AM
Guys,
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
Though i can't do it, as i am in India after my Visa Denial, some group of people should adopt Gandhiri priniciples and do a fast unto death principile before the White House while others should support all the people who are fasting.
Otherwise, our talks will never get noticed.
India got 52Billion $ in Remittances . Most of them from US. No GC means more remittances.
Think collectively and do something big.
dresses CHICAGO TRIBUNE BUILDING
gondalguru
08-06 08:36 PM
People with soft LUD on I-140 on 7/13 are getting their I-485 approved from TSC. Nothing concrete but a trend. Hope for the best.
more...
makeup to the Chicago Tribune
mygoodluck
08-13 05:38 PM
^bump^
girlfriend by the Chicago Tribune
acecupid
09-27 09:11 AM
We got the year..how about the month and day on which to port to eb2?;)
Maybe consider hours, minutes and seconds too... ? :confused: lol
Maybe consider hours, minutes and seconds too... ? :confused: lol
hairstyles The Chicago Tribune Building,
srmodi
08-14 08:49 AM
Looks like they started July 2nd filing as I got my I-485 -AP- EAD receipt.
Good Luck for waiters..
Good Luck for waiters..
abracadabra
07-07 02:34 PM
Is it happening today?? There is no media coverage
acecupid
09-24 02:19 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
rightly said... Here is a simple analogy... compare the porting scenario to someone who just joins a new company with 10 yrs experience and someone who has been with the same company for 10 years. If one of them has to be promoted, who will it be ? Or if the company is now going under, who will get fired first ?
The fact that a person has been with a company for 10 yrs holds enough merit when the company decides who gets promoted or who gets fired. So my friend stand in line like everyone else based on your priority date. That is your place in the line as per law.
No comments:
Post a Comment