saloni
07-18 02:28 PM
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
shana04
02-01 03:57 PM
Check your PM...
please check you pm
please check you pm
eb3_nepa
08-13 09:41 AM
You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion
ken
04-09 12:33 PM
Thank you GC Struggle for your thoughts..
But I don't live/work in Miami,FL.
But I don't live/work in Miami,FL.
more...
waiting_4_gc
03-28 06:33 PM
I got the RFE notification in the mail yesterday and here is the RFE info:
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
The Service acknowledges that you filed your I-485 Employment Based Application (Receipt #) based on your approved 3rd preference I-140 (Receipt #). Service records indicate that you also have an approved 2nd preference I-140 (Receipt #) with a priority date that affords you an available visa. If you wish to transfer this I-485 to your newly approved Form I-140 a request for conversion must be made in writing. If no response is received, USCIS will continue adjudication on the instant I-485 based on your 3rd preference I-140 and will wait for visa availability based on that preference classification".
I had another approved I-140 in EB2 from the client where I worked as a contractor. That company got acquired by another and am not sure if they still support me in the process.
1) Did anyone receive such RFE?
2) Should I send USCIS a letter by requesting them to trasfer my I-485 to EB2?
3) USCIS had issued this RFE on 03/03/10 with 04/03/10 deadline but I had received it yesterday(3/27/10). I have only 1 week to respond back.
Is there a way to buy some more time if i cant respond back in 3-4 business days?
Please advice. I really appreciate your help!
Thanks in advance.
chanduv23
12-24 09:50 PM
There won't be chat on Thursday, 25th, December 2008 as it is Christmas.
more...
black_logs
05-02 12:25 PM
http://www.usatoday.com/news/nation/2006-05-01-immigration-asians_x.htm
NEWS
Asians are becoming more vocal in the debate
Wendy Koch
875 words
2 May 2006
USA Today
FINAL
A.7
English
� 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.
In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.
In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.
Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.
"This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.
"Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.
People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.
Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.
"We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.
Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.
The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.
"We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.
The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.
"Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."
Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.
"We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.
More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.
The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.
In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.
Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."
Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.
Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.
NEWS
Asians are becoming more vocal in the debate
Wendy Koch
875 words
2 May 2006
USA Today
FINAL
A.7
English
� 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.
In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.
In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.
Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.
"This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.
"Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.
People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.
Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.
"We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.
Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.
The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.
"We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.
The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.
"Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."
Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.
"We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.
More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.
The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.
In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.
Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."
Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.
Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.
bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
more...
desi485
07-27 06:22 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
dilusa1
08-31 10:00 AM
Hello
I will appreciate if somebody guide me good indian comonay for SAP FI/CO training in Chicago area.
i will be CPA very soon, i will really appreciate your help in thi sreagrd.
Thanks
I will appreciate if somebody guide me good indian comonay for SAP FI/CO training in Chicago area.
i will be CPA very soon, i will really appreciate your help in thi sreagrd.
Thanks
more...
calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
chanduv23
10-19 03:04 PM
^^^^^^^^^
more...
zilmax007
12-02 03:53 PM
Same here.
Mine & my wife's 485s were wrongfully denied last year.
We gave USCIS a chance to fix their mistake on the file. They fixed it.
If they shouldn't have fixed it , I would be a mini millionaire by now :)
But, my online status still shows as denied. Last month we got our
EADs and APs renewed without any issues. So, I don't care about the
online status.
Mine & my wife's 485s were wrongfully denied last year.
We gave USCIS a chance to fix their mistake on the file. They fixed it.
If they shouldn't have fixed it , I would be a mini millionaire by now :)
But, my online status still shows as denied. Last month we got our
EADs and APs renewed without any issues. So, I don't care about the
online status.
ns007
02-13 02:39 PM
One of my friends got his passport back in 6th week.
I would say, be persistent in contacting them. They are not very good at getting back to people - no accountability. Send emails and fax explaining your situation ....twice a day until they reply back.
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
I would say, be persistent in contacting them. They are not very good at getting back to people - no accountability. Send emails and fax explaining your situation ....twice a day until they reply back.
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
more...
aadimanav
03-02 09:57 AM
Source:
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
http://www.rediff.com/money/2009/mar/02bcrisis-100000-pros-may-return-to-india-from-us.htm
100,000 pros may return to India from US
As economic downturn continues to grip the United States, as many as 100,000 highly skilled Indians -- and as many Chinese -- may return home over next three to five years, which will boost the economies and competitiveness of both the emerging Asian nations.
The reverse immigration could end up as a big loss to the US, which has so far relied heavily on the immigrants to give it a technological edge over the rest of the world, according to a study conducted by Indian-American Vivek Wadhwa and released by the Ewing Marion Kauffman Foundation.
The majority of these Western-educated, skilled and talented young Indian and Chinese professionals are planning to start new ventures, says the report released on Monday.
Much before the American economic slowdown, a large number of these professionals had already begun returning home lured apparently by prospects of a better future back home.
It also indicates that placing limits on foreign workers in the US is not the answer to its rising unemployment rate and may undermine efforts to spur technological innovation.
"A substantial number of highly skilled immigrants have started returning to their home countries in recent years, draining a key source of brain power and innovation," said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.
Based on a six month survey of 1,203 Indian and Chinese who went back home, the report finds though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.
"There are no hard numbers available on how many have returned, but anecdotal evidence shows that this is in the tens of thousands," said Wadhwa, executive-in-residence for Pratt School of Engineering at Duke University.
Wadhwa is also a fellow at the Labour and Work life Programme at Harvard Law School and is a BusinessWeek columnist.
"With the economic downturn, my guess is that we'll have over 100,000 Indians and as many Chinese return home over the next 3-5 years. This flood of western educated and skilled talent will greatly boost the economies of India and China and strengthen their competitiveness," he said.
India is already becoming a global hub for R&D. This will allow it to branch into many new areas and will accelerate the trend, Wadhwa said.
The report reveals that family considerations are strong magnets pulling immigrants back to their home countries. Care for aging parents was considered by 89.4 per cent of Indians and 79.1 per cent of Chinese respondents to be much better in their home countries, says the 24-page report.
iwantmygcnow
10-15 09:42 AM
I am new to IV. what is an SR?
more...
dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
USDream2Dust
10-15 06:53 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
I would relax now and be happy about not getting another RFE in short time.
I would relax now and be happy about not getting another RFE in short time.
bindas74
02-05 10:54 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
meridiani.planum
12-31 02:07 PM
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Eric S Raymond (ESR to all open-source aficionados) wrote a very interesting article (well, its almost a thesis) on the topic of asking questions on a mailing list:
http://www.catb.org/~esr/faqs/smart-questions.html
Most of it applies to technical forums and mailing lists, but I think the first section (linked below) also applies to IV:
http://www.catb.org/~esr/faqs/smart-questions.html#before
As we get past Jan 2nd (the ~180 day mark for July filers), everyday we see three or four threads from people asking the same questions on AC-21. A simple Google search (or even the nice search-threads option on this forum) would have helped those people. Two things from that ESR article that I wish all posters understood:
When you ask your question, display the fact that you have done these things first; this will help establish that you're not being a lazy sponge and wasting people's time.
Never assume you are entitled to an answer. You are not; you aren't, after all, paying for the service. You will earn an answer, if you earn it, by asking a substantial, interesting, and thought-provoking question � one that implicitly contributes to the experience of the community rather than merely passively demanding knowledge from others.
smartboy75
10-02 12:47 AM
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
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