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View Full Version : A thought - may be too pessimistic


mendenken
08-30-2006, 10:18 PM
At this current 'infinite wait for GC' situations, how good to be in full time positions. consider following.

Everything is going well with your job:
------------------------------------
For instance, got I140 filed (EB3), 5 th year of H1B, Company is doing well.
will file 3 year extension at the end of 6 th year. Seems ok, will wait for my turn for that visa numbers become current.

What happens when the things changed the way you haven't expected. Like
-------------------------------------------------------------------------
Company slips into losses and is ready to cut some jobs. You are in 6th year for H1B. No time to jump to another job and get labor filed to show 365 days gap for yearly extensions. Also HR dept go by books, will cancel your H1b and I140 on layoff.

a) What are the chances left for above scenario(Other than go back to India)
like file another labor/I140 same time as future employee for backup.

b) I feel working for a recruiting(preferably desi)company where no cancellations of H1 or I140 happen, seems to be a good idea.

Comments friends?

Mendenken

Canadian_Dream
08-30-2006, 11:59 PM
Answer to your question depends on the interpretation of law. Assuming you got 3 year extension with current employer and then change employer because of layoff or any other reason, will you get remaining 3 years from your H1B or nothing since underlying I-140 is no longer valid.
I am trying to find the answer to this very question. If your extension once granted is not dependent on I-140 for next 3 years then situation is not too bad, but if it does then it is every bit as grim as you have mentioned.
I am yet to get any conclusive answer to this one.

pani_6
08-31-2006, 08:47 AM
in case of a layoff is it valid to be till the end of h1..??..

perm2gc
08-31-2006, 02:16 PM
in case of a layoff is it valid to be till the end of h1..??..
You can find another job and transfer h1 or you want just to stay "NO"

chanduv23
08-31-2006, 03:01 PM
I was in fulltime job and got layed off (Fired because of bad manager) in 6th year. My labor (EB3) was pending in BEC. I transfered to consulting company and got project within 20 days and got 7the year extension based on existing labor pending in BEC. Then applied under EB2 perm and L/C and 140 approved weill within 7th year and am now eligible for 3 year exxtensions. I decide my rates and now earn twice the salary I was earning when I was in FT job. The only thing I lost was a EB3 PD of April, 2004 which is replaced by EB2 PD of March, 2006 but am happy now as it is hasstle free and I don't worry much about layoffs or bad manageers or company cost cuttings or discrimination or whatever.

My advice is if you have a 140 approved, then PD is yours. If you face difficulties in your company you can always change. If you are in IT, market is now good and you will get project easily. Look for a trustful Consulting company.

dan19
08-31-2006, 03:28 PM
Be prepared with a backup plan. Don't rely on a GC process that takes too long. Your company can become bankrupt, there can be layoffs etc.

Nowadays GC takes 5-6 years.

Applying for a Labor through another company might be an option. Or why not move to Canada.


At this current 'infinite wait for GC' situations, how good to be in full time positions. consider following.

Everything is going well with your job:
------------------------------------
For instance, got I140 filed (EB3), 5 th year of H1B, Company is doing well.
will file 3 year extension at the end of 6 th year. Seems ok, will wait for my turn for that visa numbers become current.

What happens when the things changed the way you haven't expected. Like
-------------------------------------------------------------------------
Company slips into losses and is ready to cut some jobs. You are in 6th year for H1B. No time to jump to another job and get labor filed to show 365 days gap for yearly extensions. Also HR dept go by books, will cancel your H1b and I140 on layoff.

a) What are the chances left for above scenario(Other than go back to India)
like file another labor/I140 same time as future employee for backup.

b) I feel working for a recruiting(preferably desi)company where no cancellations of H1 or I140 happen, seems to be a good idea.

Comments friends?

Mendenken

apnair2002
08-31-2006, 03:35 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/30/AR2006083003161.html


After four months of relative quiet, immigration reform advocates are mobilizing a new round of protests in Washington and other cities to put pressure on a returning Congress and reinvigorate a Latino movement that awakened in massive demonstrations this spring.

The events will begin tomorrow in Chicago, where demonstrators plan to set out on a four-day march to the district offices of House Speaker J. Dennis Hastert (R) in Batavia, Ill., and will continue with one-day rallies throughout next week in Phoenix, Washington and Los Angeles.

Buy This Photo

In April, immigrants and supporters thronged to the Mall to draw attention to their concerns, which include legalization of the unauthorized. (By Sarah L. Voisin -- The Washington Post)

What Readers Are Saying
Your Comments On...



In the Washington region, activists are distributing leaflets, and Spanish-language radio is buzzing about a Sept. 7 rally that organizers hope will be the biggest yet. Organizers say their goal is 1 million protesters from up and down the East Coast for a rally on the Mall and a march to the White House.

"We want to make sure that Congress and this administration get a very clear message that the immigrant community is still paying attention to what's happening in the immigration debate and that we know that it's election time," said Jaime Contreras, chairman of the National Capital Immigration Coalition, the rally's organizer.

Local organizers said they are improving on spring rallies that were hastily planned amid a spontaneous groundswell of activism. To avoid a backlash against foreign flags, they are directing all protesters to carry U.S. flags. They are starting the rally at 4 p.m. so student demonstrators, who frustrated school administrators by walking out earlier this year, can participate. And organizers have nearly tripled their budget for portable toilets.

In media interviews and on fliers, they have simplified their focus to key demands: legalization for the unauthorized and an end to stepped-up arrests of illegal immigrants.

"We are learning," said Juan Carlos Ruiz, general coordinator of the regional coalition.

The return to street protest, a tactic that galvanized millions this spring, comes after public discord among activists over a May 1 work boycott and a summer when their focus turned to immigrant voter registration drives. At the same time, new immigration legislation grew even more elusive in Congress, which is deadlocked on the issue.

Some believe it could be risky. The spring protests roused supporters but also stirred fierce hostility, said Steven A. Camarota of the Center for Immigration Studies, which favors lower levels of immigration. That kind of intensity might make members of Congress, which is approaching midterm elections, even less likely to touch the immigration issue.

"They want to energize the community . . . to put the issue on the agenda and make it clear that look, it's not going away," Camarota said. "By doing all that, they may also hurt the prospect of the legislation passing."

The immigrant movement is still developing. Regional coalitions are trying to figure out how to work together nationally, and no clear leader has emerged. Locally, the National Capital Immigration Coalition -- a network of about 60 organizations that has existed for four years -- is just now defining the qualifications for formal membership.

As for immigrant voter registration, national figures are not yet compiled, said Germonique R. Jones of the Center for Community Change in the District, but anecdotal evidence points to success in some areas. She said Phoenix organizers, for example, are en route to meeting a summer goal of registering 20,000 voters.

Local results have been tepid. Northern Virginia immigrant organizations had no drives. Groups in the District registered 200 voters, said Kim Propeack, advocacy director for CASA of Maryland. In Maryland, Korean organizations registered 350, while CASA of Maryland registered 425 and quadrupled enrollment in its citizenship workshops, Propeack said.

But organizers say the movement has not lost steam. Immigrants, they said, are enthusiastic about the coming protests, believing the demonstrations empower them and weaken support for an enforcement-only House proposal.

"If that's what we accomplished with marches, then let's keep marching," said Jorge Mujica, a rally organizer in Chicago.

Other observers are uncertain. Carlos Aragon, general manager of Radio Fiesta (1480 AM), a Woodbridge station that has been broadcasting information about the Sept. 7 rally, said the event is a hot topic among listeners -- but they now sound more cautious.

"Nothing happened in regard to immigration in Congress," Aragon said. "People are just not sure if it will help."

This week's Chicago march will be followed by protests Sept. 4 in Phoenix and Sept. 9 in Los Angeles.

Unlike previous rallies that drew people from the Washington region, the Sept. 7 event will include participants from along the East Coast. Organizers said at least 100 busloads of marchers will roll in.

To encourage local turnout, organizers are intensifying the strategies they used in the spring. They are playing radio promotional spots each hour on some Spanish-language stations. Volunteers are distributing fliers at churches, soccer fields, Metro stations and construction sites.

With the responsibility of having a demonstration for out-of-towners upon them, local leaders are striving to plan a smoother -- and savvier -- event.

On a recent night, organizer Edgar Rivera led a planning meeting at the Alexandria offices of Tenants and Workers United. He listed all that will be different about this march: After rallying, demonstrators will proceed to the White House for the first time, he said.

Organizers will dispatch Spanish-speaking volunteers to Metro stations to direct demonstrators, Rivera told those gathered. And more high-profile speakers will be included -- maybe Jesse L. Jackson and a Catholic cardinal, he said -- but fewer politicians.

"It's the community that should be out there," Rivera said.

perm2gc
08-31-2006, 05:30 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/30/AR2006083003161.html


After four months of relative quiet, immigration reform advocates are mobilizing a new round of protests in Washington and other cities to put pressure on a returning Congress and reinvigorate a Latino movement that awakened in massive demonstrations this spring.

The events will begin tomorrow in Chicago, where demonstrators plan to set out on a four-day march to the district offices of House Speaker J. Dennis Hastert (R) in Batavia, Ill., and will continue with one-day rallies throughout next week in Phoenix, Washington and Los Angeles.

Buy This Photo

In April, immigrants and supporters thronged to the Mall to draw attention to their concerns, which include legalization of the unauthorized. (By Sarah L. Voisin -- The Washington Post)

What Readers Are Saying
Your Comments On...



In the Washington region, activists are distributing leaflets, and Spanish-language radio is buzzing about a Sept. 7 rally that organizers hope will be the biggest yet. Organizers say their goal is 1 million protesters from up and down the East Coast for a rally on the Mall and a march to the White House.

"We want to make sure that Congress and this administration get a very clear message that the immigrant community is still paying attention to what's happening in the immigration debate and that we know that it's election time," said Jaime Contreras, chairman of the National Capital Immigration Coalition, the rally's organizer.

Local organizers said they are improving on spring rallies that were hastily planned amid a spontaneous groundswell of activism. To avoid a backlash against foreign flags, they are directing all protesters to carry U.S. flags. They are starting the rally at 4 p.m. so student demonstrators, who frustrated school administrators by walking out earlier this year, can participate. And organizers have nearly tripled their budget for portable toilets.

In media interviews and on fliers, they have simplified their focus to key demands: legalization for the unauthorized and an end to stepped-up arrests of illegal immigrants.

"We are learning," said Juan Carlos Ruiz, general coordinator of the regional coalition.

The return to street protest, a tactic that galvanized millions this spring, comes after public discord among activists over a May 1 work boycott and a summer when their focus turned to immigrant voter registration drives. At the same time, new immigration legislation grew even more elusive in Congress, which is deadlocked on the issue.

Some believe it could be risky. The spring protests roused supporters but also stirred fierce hostility, said Steven A. Camarota of the Center for Immigration Studies, which favors lower levels of immigration. That kind of intensity might make members of Congress, which is approaching midterm elections, even less likely to touch the immigration issue.

"They want to energize the community . . . to put the issue on the agenda and make it clear that look, it's not going away," Camarota said. "By doing all that, they may also hurt the prospect of the legislation passing."

The immigrant movement is still developing. Regional coalitions are trying to figure out how to work together nationally, and no clear leader has emerged. Locally, the National Capital Immigration Coalition -- a network of about 60 organizations that has existed for four years -- is just now defining the qualifications for formal membership.

As for immigrant voter registration, national figures are not yet compiled, said Germonique R. Jones of the Center for Community Change in the District, but anecdotal evidence points to success in some areas. She said Phoenix organizers, for example, are en route to meeting a summer goal of registering 20,000 voters.

Local results have been tepid. Northern Virginia immigrant organizations had no drives. Groups in the District registered 200 voters, said Kim Propeack, advocacy director for CASA of Maryland. In Maryland, Korean organizations registered 350, while CASA of Maryland registered 425 and quadrupled enrollment in its citizenship workshops, Propeack said.

But organizers say the movement has not lost steam. Immigrants, they said, are enthusiastic about the coming protests, believing the demonstrations empower them and weaken support for an enforcement-only House proposal.

"If that's what we accomplished with marches, then let's keep marching," said Jorge Mujica, a rally organizer in Chicago.

Other observers are uncertain. Carlos Aragon, general manager of Radio Fiesta (1480 AM), a Woodbridge station that has been broadcasting information about the Sept. 7 rally, said the event is a hot topic among listeners -- but they now sound more cautious.

"Nothing happened in regard to immigration in Congress," Aragon said. "People are just not sure if it will help."

This week's Chicago march will be followed by protests Sept. 4 in Phoenix and Sept. 9 in Los Angeles.

Unlike previous rallies that drew people from the Washington region, the Sept. 7 event will include participants from along the East Coast. Organizers said at least 100 busloads of marchers will roll in.

To encourage local turnout, organizers are intensifying the strategies they used in the spring. They are playing radio promotional spots each hour on some Spanish-language stations. Volunteers are distributing fliers at churches, soccer fields, Metro stations and construction sites.

With the responsibility of having a demonstration for out-of-towners upon them, local leaders are striving to plan a smoother -- and savvier -- event.

On a recent night, organizer Edgar Rivera led a planning meeting at the Alexandria offices of Tenants and Workers United. He listed all that will be different about this march: After rallying, demonstrators will proceed to the White House for the first time, he said.

Organizers will dispatch Spanish-speaking volunteers to Metro stations to direct demonstrators, Rivera told those gathered. And more high-profile speakers will be included -- maybe Jesse L. Jackson and a Catholic cardinal, he said -- but fewer politicians.

"It's the community that should be out there," Rivera said.
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