EB2-3 Predictions (Rather Calculations) 2015-2020

[jimmys]

Hi Spec,
Thanks for your detailed analysis and insights. Hope to see EB2-I goes into the later part of 2009 in FY 16.

[CleanSock]

Urgent help needed.

Hi all,
Apologies for posting it here as it has high visibility and the issue is pressing.
One of my friends was employed at an non everfied company and had to quit them when she didn't get H1 this year. In desperate situation, to get OPT extension, she joined a desi consultancy firm. They made her sign a contract that if she leaves within some months she's liable to pay $9000 for the cost incurred by them for her training. Now he has gotten her extension and she resigned. They are threatening her with lawsuit saying if she doesn't pay up then they will make sure her H1B application has problems next year. My questions are, the money they are demanding, is that even legal? It's not like they paid her joining bonus and taking it back. Also, can they really screw her H1B application by another employer next year?

Thank you so much!

[Prabhas]

Clean Sock,

To my knowledge there isnt anything in this country that makes you legally bind to a company, even if your friend has signed a document that is not legal procedure to retain an employee. As long as your friend gives her two weeks notice as per the labor requirement, she has the law on her side no matter what. Also threatening her on H1-B petition is outrageous. Next time ask her to download a 'call recorder' and record the conversation and counter threat these A**holes. That will not just threaten them but if she presents that evidence to Labor Department they could very well go out of business. simply put they cannot impact an H1-B petition and am not even sure how they can do it. USCIS has no time for such squeamishes.

[qesehmk]

CleanSock - I dont like to respond to user A's post about user B's situation. But I will do it one last time and declare that I am not going to answer such questions again because if people don't have courage to post their own problems then they don't deserve any help.

The contract the employee has signed could very well be legally enforceable. I don't see any problem in legality of that contract based on what you told us.

However the threat to damage H1 is blackmailing at best and immigration fraud at worst. You should try to get the employer on record and then report to USCIS.

Be fully transparent with new employer as well as with USCIS. The old employer can't hurt your new H1. He is lying. Good luck!

Urgent help needed.

Hi all,
Apologies for posting it here as it has high visibility and the issue is pressing.
One of my friends was employed at an non everfied company and had to quit them when she didn't get H1 this year. In desperate situation, to get OPT extension, she joined a desi consultancy firm. They made her sign a contract that if she leaves within some months she's liable to pay $9000 for the cost incurred by them for her training. Now he has gotten her extension and she resigned. They are threatening her with lawsuit saying if she doesn't pay up then they will make sure her H1B application has problems next year. My questions are, the money they are demanding, is that even legal? It's not like they paid her joining bonus and taking it back. Also, can they really screw her H1B application by another employer next year?

Thank you so much!

[Prabhas]

Q,

I am not quite sure if one can legally bind someone and enforce them to a work for a period of time since they agreed on the contract except for the two weeks notice as stipulated by the Labor enforcement. That being said any incentives that were agreed at the time of contract could still be prorated/charged if agreed on the contract but I highly doubt on having someone work for a six-months or whatever the period is as agreed in a contract. That contract in itself is illegal to my knowledge.I could be wrong. I closely work with HR department and bounced this off of a colleague and she felt the same.

[qesehmk]

Thanks Prabhas. If you verified with an HR person in US then that person probably is right.

But based on my "common" knowledge not as an HR person - you can have a contract chalked out any way including duration. Most of the times contract based work from employer stand point should be worded around milestones rather than duration because in US you can work for as many employers as you want even on H1 as long as you have multiple H1s. So an employer will have to put a separate clause from prohibiting you from taking any other employment - which I am sure in this case the employer hasn't necessarily done.

So in this case CleanSock's friend can technically not violate her contract - stay with Employer 1 - draw salary and not work at all while working for employer B.

But going back to the question whether you can legally hold somebody to a duration of period - i am not aware of any law in US that prohibits employers from doing that.

Can you please ask your HR friend which law may prevent it.

Q,

I am not quite sure if one can legally bind someone and enforce them to a work for a period of time since they agreed on the contract except for the two weeks notice as stipulated by the Labor enforcement. That being said any incentives that were agreed at the time of contract could still be prorated/charged if agreed on the contract but I highly doubt on having someone work for a six-months or whatever the period is as agreed in a contract. That contract in itself is illegal to my knowledge.I could be wrong. I closely work with HR department and bounced this off of a colleague and she felt the same.

[Prabhas]

I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V

Thanks Prabhas. If you verified with an HR person in US then that person probably is right.

But based on my "common" knowledge not as an HR person - you can have a contract chalked out any way including duration. Most of the times contract based work from employer stand point should be worded around milestones rather than duration because in US you can work for as many employers as you want even on H1 as long as you have multiple H1s. So an employer will have to put a separate clause from prohibiting you from taking any other employment - which I am sure in this case the employer hasn't necessarily done.

So in this case CleanSock's friend can technically not violate her contract - stay with Employer 1 - draw salary and not work at all while working for employer B.

But going back to the question whether you can legally hold somebody to a duration of period - i am not aware of any law in US that prohibits employers from doing that.

Can you please ask your HR friend which law may prevent it.

[qesehmk]

Thanks Prabhas.

I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V

[CleanSock]

Thanks a lot prabhas and Q for all your help. The issue is still on going. She was never provided any training as she was an experienced hire. I am not sure how liable she is for that cost.

She is currently talking to an attorney as well.

I did Q, and she said she would have to reach out to the lawyer and the more I grilled her she grew suspicious on me, as if I was going through the issue. But will share any inputs if I find more, but for Cleansock - please run this by your lawyer to doubly ensure you are in a safe zone.

V

[jimmys]

USCIS Performance Report for 3rd quarter released.

http://www.uscis.gov/tools/reports-s...ion-form-types

[Toeny9]

Hello all new to this form

I want to ask all the experts on this forms when you guys anticipate EB2 fresh inventory build up after 2016 ??

Is there any chance of Jan 2011 Priority date coming close in 2016 ?? or what date u guys anticipate it will become current thanks

[imdeng]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/sign...-visa-bulletin

It is our understanding that the State Department intends to create two separate categories of cut-off dates, both of which would be reflected in each monthly Visa Bulletin. The first, an “approval” cut-off date, would function as the current cut-off date does and would regulate when an adjustment application or immigrant visa application may be approved. The second, an “acceptance” cut-off date, would regulate when an adjustment of status application may be filed and would allow the filing of such an application, provided that the foreign national’s priority date is before the relevant acceptance cut-off date. Once the adjustment application is filed, the foreign national would be eligible for the secondary benefits available to adjustment of status applicants, including employment authorization documents, advance parole authorizations, and I-140 immigrant petition portability.

It is likely that the “acceptance” cut-off dates will be several years before the “approval” cut-off dates in the China/India EB categories, with the result being that a large number of nationals from these countries will be able to file adjustment applications immediately once the Visa Bulletin containing the new acceptance cut-off dates becomes effective.

[Jonty Rhodes]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/sign...-visa-bulletin

If this happens, it will give relief to lot of people like me (PD - May, 2011 EB2I) as they will be able to file I-485 and get EAD. Lets wait for the details.

[qesehmk]

From Greg Siskind's tweet: http://www.morganlewis.com/pubs/sign...-visa-bulletin

There is a typo there. The word "Before" should probably be read as "After".

It is likely that the “acceptance” cut-off dates will be several years before the “approval” cut-off dates in the China/India EB categories, with the result being that a large number of nationals from these countries will be able to file adjustment applications immediately once the Visa Bulletin containing the new acceptance cut-off dates becomes effective.

[mechanical13]

Hello all new to this form

I want to a....

... what date u guys anticipate it will become current thanks

The way things are going, I would say ~2020+ - sorry for the pessimism man, but that's bad the situation is. It could be earlier if DoS decided to be a little merciful and incorporate the dual cut-off date system that has been discussed.

I've asked this question multiple times in the past and have finally stopped caring. So..one word of advice - don't let your wait for PD=current hold up any important life decision. A majority of the GCs issued by the US goes to semi-illiterate family based people, so keep that in perspective. Just my $0.02.

[CleanSock]

Wouldn't this require them to go through rule making process? If so, it could be years before this gets implemented.
Not sure if we should even be expecting anything in this bulletin on this.

If this happens, it will give relief to lot of people like me (PD - May, 2011 EB2I) as they will be able to file I-485 and get EAD. Lets wait for the details.

[Immigo]

Per Greg Siskind, Visa bulletin will be out tomorrow - https://twitter.com/gsiskind/status/641416162291646464 . Good luck to everyone.

[tatikonda]

Per Greg Siskind, Visa bulletin will be out tomorrow - https://twitter.com/gsiskind/status/641416162291646464 . Good luck to everyone.

not to spoil the sport but at the same time, he also twitted.
"with the White House's goal of giving the benefits of adjustment much earlier. But no way to tell until tomorrow. pt. 4"

[delguy]

I don't think he knows the exact date when it is going to come out. He is merely guessing. The visa bulletin will come out eventually. Can be today, tomorrow or Friday. greg is getting free publicity by claiming to know that it is coming out today.

not to spoil the sport but at the same time, he also twitted.
"with the White House's goal of giving the benefits of adjustment much earlier. But no way to tell until tomorrow. pt. 4"

[delguy]

Bulletin is out
http://travel.state.gov/content/visa...ober-2015.html

[delguy]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status

[mechanical13]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status

WOW !!! Finally, some form of fairness to an insane system!

[imdeng]

So - Inventory building with a twist is here. Interesting.

[whereismygc]

Congratulations to all those who can file 485 next month.

To celebrate this please accept this Free access code for WhereismyGC forecast.

The code is nbc6jTOfvM

Please use the tool at http://www.qesehmk.org/forums/content.php?tabid=73

[Airbender]

For India:

EB-2: 01-JUL-2011 for adjustment of status
EB-3: 01-JUL-05 for adjustment of status

To help the slower one in the class, can somebody explain what are benefits of AOS ?

Thanks.