immique
07-03 01:42 AM
I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
how can you argue that quota system in EB categories is fair when there is no quota system in H1 visas? do you really think it is fair that a person from retrogressed country wait for 7-10 years in the same category or even a higher EB category when a similar person in other countries see their application cleared in a few months. just imagine yourself being in the less favorable/retrogressed category. EB system is based on qualifications and not the country of Origin. I don't have any issue regarding diversity. diversity is good but I don't think penalizing qualified individuals from a few countries just based on the country of Origin bodes well for the future of immigration especially when US is trying to attract high skilled immigrants.
wallpaper World#39;s Largest Dog Dish
vin13
11-11 09:23 AM
The conference call was not organized by core. It was just 2 of us who discussed on the donor forum and came up with a draft letter to get clarrification from DOS. I suggest the first step is to get clarrification of the quarterly spillover with DOS regarding their process. Can any of you get an appointment with Charles Oppenheim (Chief of Immigrant Visa Control and Reporting Division at DOS)?
After working several hours and we come up with the draft which was posted earlier on this thread. And for that, someone gives me a Red.....
vin13,
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
After working several hours and we come up with the draft which was posted earlier on this thread. And for that, someone gives me a Red.....
vin13,
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
ashkam
01-30 02:54 PM
So, basically anyone laid off on I485 pending without a job is accumulating "out of status" days.That's your opinion?
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
If you are I-485 pending, you are not out of status regardless of whether you have a job or not.
2011 The iggest dog in the world
vagish
04-04 03:31 PM
Solution is :
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
keep dreaming ,
1) H1B based on market ( will never happen ) , how ever hiking it to some
rational number like 100K to 130K is a good possibility.
2) reform GC process so that after working for 5 years, with one company
one should be able to get green card without delay, this would be more
meanigful as it will demonstrate that the poners really has a full time job
as oppose to somebody just buying green card without ever
working for a company.
thanks
1. Reform current H1B procedures so that it cannot be abused.
2. Make H1b cap market based.
3. Reform EB based GC process as suggested by Strive Act..
If only i was president !! :)..
keep dreaming ,
1) H1B based on market ( will never happen ) , how ever hiking it to some
rational number like 100K to 130K is a good possibility.
2) reform GC process so that after working for 5 years, with one company
one should be able to get green card without delay, this would be more
meanigful as it will demonstrate that the poners really has a full time job
as oppose to somebody just buying green card without ever
working for a company.
thanks
more...
rayoflight
05-27 06:38 PM
Well you can certainly make copies but I was talking about making 'color' copies. As far as I know making color copies is illegal.
gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
more...
virtual55
07-05 01:16 PM
Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
2010 The iggest dog in the world
chanduv23
11-11 03:44 PM
I am not sure what lobbying efforts would do for us, haven't worked so far...In my opinion we need more media visibility which makes politicians to take notice of us. In these troubled times they are open to any kind of ideas that would help the housing market.
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.
Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.
You can help in this way by opening a thread to share new ideas and strategies.
Just show the real numbers to the media -
Approx 0.5 million people (well educated with decent earnings)
Atleast 50 to 60% of these people could potentially buy houses if immigration related uncertainities are gone
Potentially quarter of million buyers for houses, that is a lot!!
I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.
Please come up with ideas. Remember - IV core looks at all the posts and get ideas from the forums. You may want to start a thread saying - Lets all put our constructive thoughts about moving ahead with Obama administration here. People can posts their ideas, plans, implementations, strategies ...... and we can all discuss.
Rajuram - your concern is valid and basically what is happening is - IV now needs some dedicated new generation members who can make a difference. thats how IV has been working from the beginnibg, people come and go - so do admins.
You can help in this way by opening a thread to share new ideas and strategies.
more...
desi3933
02-10 12:22 PM
I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
I did not know of getting less than 7% when there is high demand. :confused:
>> I believed we get at least 7% (cap) + any unused numbers.
Two things -
1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.
On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.
In short, 7% is just a maximum cap, not the minimum quota.
__________________
Not a legal advice.
hair iggest dog in the world
desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
more...
ajm
10-22 04:22 PM
I sent the fax today afternoon.
hot the world#39;s biggest dog.
nixstor
07-05 03:11 PM
But I have been using murthy forums - which are free for a long long time...even before IV came along....talking abt quality...same kinda ppl post there....dont see any diff....
I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...
Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.
No offense either. You cannot compare Murthy/Khanna forums with IV's. As long as you see IV just as a forum, you would not be able to make any distinction between IV & murthy/khanna forums. As I replied in another post, Murthy/Khanna get "invaluable" publicity that translates into clients shelling out $$$ in the long run. I hope you understand the difference.
I'm sure IV is doing a great job on something....but please do a little research before asserting that this is the only immigration forum in the world...
Dont mean to start a p***ing contest here.... those who want to and can pay shd pay....but thinking that ppl will pay for the forums is not really a solution.
No offense either. You cannot compare Murthy/Khanna forums with IV's. As long as you see IV just as a forum, you would not be able to make any distinction between IV & murthy/khanna forums. As I replied in another post, Murthy/Khanna get "invaluable" publicity that translates into clients shelling out $$$ in the long run. I hope you understand the difference.
more...
house World#39;s Largest Dog-Owner
bheemi123
10-03 01:31 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Just go out of the country and enter on l1 again..u r h1b autoamtically be go out ..and u will continue to stay on l1 visa..but make sure u r wife gets advance parole to retunr to contry..
tattoo World#39;s Tallest Dog Has Cancer
amsgc
07-13 11:25 PM
I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
Unfortunately, i don't have the link, but I will post it if i come across it.
Wow.. you think people on the 485 production line are the ones who also do EAD's or get pulled out to do EAD work, nice simple thinking ! :p
The ones who adjudicate EAD's are usually rookie IO's recently from training or IIO's lent to the service center for emergencies, like last year when officers were flown in from disctrict offices during the surge to NSC for adjudicating EAD within 90 days...in addition to transferring to EAD apps to CSC.
I-485 CAO's are usually the most experienced adjudicators.
more...
pictures Largest dog wedding ceremony
gc_on_demand
11-14 03:19 PM
Not for us but for some one they will meet and discuss
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
http://judiciary.house.gov/hearings/calendar.html
If Zoe can bring this up then we may be able to push for HR 5882. Seems like no one is interested in HR 5882.
Come on ! some one from california should help us in this one.. Call Zoe's office and find out where we are on HR 5882.
dresses the World#39;s Largest Dog
nomi
12-12 04:28 PM
Please tell me how can USCIS making all these changes without any Bill in Congress or Senate.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
makeup World Record for Largest Dog
pcs
11-13 09:08 AM
Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...
Good leaders do not lead a tired and hungry force...
I have already started sending letters to Napaleto at USCIS...
Guys just send letters with a CUT PASTE of the rule....
girlfriend World#39;s Biggest Dog.
ImmiLosers
11-22 07:41 PM
Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
PAGE 28
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification:)
It looks like law is not clear about revocation of I-140 or am I missing something
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karthkc
07-14 06:27 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Nowhere in this post, do I see the fact that the OP used AC21 when he moved in August 2007.
Does not AC21 come in when you have used EAD to move instead of a H1 transfer?
In my understanding, by doing a H1 transfer rather than invoking AC21, the OP preserved the status of the original petition unless the employer revoked the I140 for fraud. If that's the case, shouldn't the RFE be worded differently?
If that's not the case, all the OP has to do is craft a response to the RFE with an Employment Verification Letter from his current employer attesting to the similar nature of job etc.. and move forward.
Either way, an attorney would be the safest bet..
xela
07-13 08:09 AM
I know most of you are EB2 but hey I am happy that EB3 finally moved to 2004 now I just am waiting for it to go to june 2005 and I just might get my card ;-)
Grats to all that became current and good luck guys! I know being current doesnt always mean you get your crad right away, so I wish you all the best!
:)
Grats to all that became current and good luck guys! I know being current doesnt always mean you get your crad right away, so I wish you all the best!
:)
sc09876
07-29 01:46 PM
@uma001
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
I understand your situation because you had posted elsewhere on exactly what happened to you.
Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.
Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.
When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)
I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.
One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.
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