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Member Profile: flydeep (66 posts)

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Hello, I'm flydeep (report this user)
I am from India
I last logged in 17 hours 47 minutes ago
I have been a member since 22 May 2016
I have added 66 posts in trackitt forums
I added my last post on 23 Apr 2018
flydeep's Immigration Cases
 
I-140 case: Approved in 272 days (97 days more than average)   (2 comments)
User: flydeep Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:01 Dec 2008
Application Filed:22 Jul 2016USCIS Received Date:29 Jul 2016
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:regular
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:approvedApproval/Denial Date:20 Apr 2017
Total Processing Time:272 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 30 Nov 2016 Last Updated: 24 Apr 2017
Notes: Call was made to initiate a service request after case was taking longer than expected based on processing times. Got approval notice in 38 days of initiating request.

PERM case: Approved in 133 days (101 days less than average)   (0 comments)
User: flydeep Nationality: India
Priority Date:15 Dec 2015Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:26 Apr 2016
Total Processing Time:133 daysDays Elapsed:
Case Added to Tracker: 07 Dec 2016 Last Updated: 07 Dec 2016
Notes:
flydeep's Posts
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Posted in H-1B Forum 17 hours 42 minutes ago
Topic: JP Morgan and Green card sponsorship

Banks have a poor track record in general when it comes to GC sponsorship. They tend to push things till the last minute. Unless, you are working in a very niche area that has high demand and they file it quickly just to retain you.

If your priority is GC sponsorship, tech companies are your best bet. Banks didn't used to be this way, they were much better in H1/GC prior to the 2008-2010 recession. But since then, TARP made sure banks could not even hire new H1B for a while, and even after that H1/GC remains a slow process in most banks.

I don't work for JPMC, but I work for a regional bank and I can tell that they delay GC process as much as possible here. If I did not have an established PD from my earlier employers which was close to being current, they would not have filed GC after 1 year for me. I thought they were slow in taking 14 months to start GC process, and then I came to know many employees did not get GC started until 4th year of being in the company.

And I have known people working in some other regional / larger banks and many of them confirm that getting approval for GC can be an onerous process.
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Posted in I-140 Forum on 13 Apr 2018
Topic: With 70 years GC wait this is your only option

It is not the H1 at 195k for 5 yrs that had led to the backlog. People forget immigrants on L1 that use up EB1C and EB2ROW quotas. Also there are non profit H1s. By some estimates there are almost 100k new L1 entrants each year. And many of them qualify for EB1C or EB2ROW. They also tend to have more dependents per application. This has increased the number of applications overall from abt 140k initially when work visas was introduced to almost 3-400k nowadays. We are adding 2-3 yrs of backlog each year
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Posted in I-140 Forum on 11 Apr 2018
Topic: Skills Set Importance

Spot on thats what I meant
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Posted in I-140 Forum on 10 Apr 2018
Topic: Skills Set Importance

Yes, that was what I indicated in the second paragraph. You can port your PD for a new I140, but that is only relevant if you can get experience letters stating experience in Hadoop to successfully file PERM and get it approved. That step in itself will become challenging.

In the past, it was possible to work around experience letters by lowering amount of experience required in new skill set, or requiring alternative skill sets. There was of course always the risk of starting in a new field at a higher level than a fresh graduate and having to compete. But with recent changes in USCIS, I am very skeptical how practical the porting in experience can be and the risk is certainly greater than in prior years.

My suggestion would be to not change your job unless you have to, especially if your PD is close to being current given the changes in skillset and risk of not having a new approved I140 in time to file I485 when your date does become current.
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Posted in I-140 Forum on 10 Apr 2018
Topic: Skills Set Importance

There is no law that you cannot port a PD if you change field from a previous approved I-140. However, in practice, you need work experience to justify your new position while applying for PERM again and you cannot use experience on the new job for that. That often leads to an indirect conundrum where as some mentioned, you tend to stick in the same field your H1 was originally approved for.

The number of years of experience needed to justify for a different skill set depends on the company, level of the position and lawyers. And if you are close to your PD becoming current, you won't have much time before needing to have your I-140 approved with PERM based on new skill set to file I-485. You cannot use the prior company's I-140 for I-485 filing.
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Posted in I-485 Forum on 05 Apr 2018
Topic: Traffic tickets - I-485 Application

My understanding is that traffic incidents need to be reported if they resulted in a arrest, conviction or a criminal citation. If your incident is classified as a misdemeanor, I think you probably need to list it along with court documents supporting how the case was closed. They may ask to see it in the interview as well.

I think that the prior version of the I-485 (version on and before 6/2017) excluded traffic violations that could be considered criminal, with the exception of DUI which always had to be mentioned.
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Posted in I-485 Forum on 31 Mar 2018
Topic: Extra remittance that is not required

This happened to us. I had submitted I485 for me and my spouse in February. With identical payments of $1,225, coming from the same bank account and same name. They rejected one of the checks stating that an extra remittance was submitted that was not required. We got receipt numbers for myself on the I485 / I765 and I131 but they later rejected my spouse's I485 packet saying the payment was missing! We had to resubmit the entire package for my spouse with another check. We specifically used a cashier check with my spouse's name on it when we resubmitted.

Hopefully you don't see any such hiccups in your case.
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Posted in I-140 Forum on 29 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

Read carefully again. Uncertainty was always there, immigration was always a gamble - whether staying here or getting promoted to better jobs. It has just gone up a few notches owing to the election, but none of this is new. Folks who worked in banking would recall there was a time all banks stopped hiring H1Bs/L1s owing to have taken up TARP money in the recession. It was so difficult to find a job or get promoted in same job and many people got frustrated. Those who got the opportunity moved to tech.

And what makes you say housing markets will collapse? Do you have some analysis proving how H1B denials will affect the housing market? Based on stats, visa holders constitute not more than 0.5% of the US population. And anecdotally, I have seen visa holders have a lower rate of home ownership than locals. Even if you assume 0.5% of people will suddenly be unable to afford homes and be forced to sell, that's a drop in the bucket in the bigger schema of things.

May be you are concerned about your own home if you own one and how that may be impacted if your H1B is denied, which is fair. But please don't make such extrapolations to the whole of US based on your own situation. If anything, markets will keep going up even more as the trade war will cause even more inflation and it doesn't help that the Fed has been giving the economy near 0% rates for almost a decade.
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Posted in I-140 Forum on 29 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

Indeed. Let me also repeat for your benefit, the 3rd time that there is subjectivity on part of the officer who reviews one's case. The strict interpretation of law stays one should have 12 years of experience if one has a degree in a different field from the actual occupation, and that 12 years should be gained before joining the employer. But I know of cases where one gets approved, and one denied with same education / experience.

Just because you and/or your company folks are lucky to be getting approvals with < 12 yrs of experience in IT with non-CS degree, doesn't mean everyone has had / will have that good fortune.

In fact, I would go a step further and state that not many people on H1B that managed to get high paying jobs realize how lucky they were immigration did not become a road block at some point. I know of people that could not get promoted in their jobs or change because they did not have a green card. Only to find that in some other companies or industries, the HR was least bothered about someone's immigration status. And the USCIS also didn't care as they were getting so much business from that one company that the company could do what it wanted with their foreign employees.
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Posted in I-140 Forum on 29 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

That explains a ton and is also in line with how experience is counted for I-140 purposes. Using experience gained in current position with current employer for PERM/I-140 is always heavily scrutinized, but that experience can always be applied for any future roles/positions with another company.
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Posted in I-140 Forum on 29 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

I had wondered abt that. The stats say denail rate has gone up from abt 5 to 15%. And not 50% as some might have u believe.

Like I had said, there is some subjectivity in all this depending on who is reviewing one's petition. I know 2 ppl with same education (chemical engg) and experience (10-11 yrs in IT). One got approved after RFE, the other got denied
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Posted in I-140 Forum on 29 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

I don't think they care about the company, it's all about the education background, work experience of the individual for the job and if the job you are doing is a specialty occupation. They are implementing the laws as they say, strictly. If Sundar Pichai were extending his H1-B today, there is a good chance even he could be denied as his degree is not in line with his job.

I have heard of RFEs and denials in very established companies like Amazon. Reputation of an individual or company is not a factor used in adjudicating H1-B under the law.
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Posted in I-140 Forum on 28 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

That's what I have heard, RFE is almost guaranteed if degree is in a different field even if petition is finally approved.

Does anyone know if this change in policy is affecting only H1-B renewals / transfers or is it applicable on other petitions such as I-140 and I-485? If it didn't impact I-140/I-485, someone with PD 2009-2011 could work offshore for their sponsoring company for a few years(e.g. in Indian office), wait for PD to become current, and re-enter US office on EAD / immigrant visa once I-485 gets filed. Of course, this assumes the sponsoring company has global / India office and the company sees a long-term value prop in retaining the employee, which won't be applicable to everyone.
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Posted in I-140 Forum on 28 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

I know two people with that situation. One of them had almost 11 yrs of experience and still got H1B denial after RFE. They had put in a request to find out why the H1B was denied. What the lawyers said is in the current interpretation, your degree should be in line of work or else you are not eligible to qualify as you don't possess specialized knowledge for specialty occupation. In addition, 3 yrs of work exp. is equivalent to 1 yr of Bachelors. And for IT, it means one should have degree in Comp Sc.

Another friend of mine with similar experience and Chem Engineering degree in that situation got RFE, but somehow lawyers managed to clear his RFE. So, it's also a little subjective too on who gets the axe, if your case is on the border line.

To put this together, minimum of 12 yrs of IT experience is needed if you don't have Comp Sc. degree to be in the green. My hunch is since you have 15+ yrs, you would be fine but be prepared to submit heavy documentation if/when you get RFE on education qualifications and/or work experience.
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Posted in I-140 Forum on 27 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

I am not in IT so you would know better. I was just responding to someone else on this forum that there is no abuse of H1/L1 and zero talent americans were complaining about losing jobs to highly skilled foreigners like sundar pichai. I know from my own experience that is not true, but I had no idea it was this rampant.
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Posted in I-140 Forum on 27 Mar 2018
Topic: Increased H1B denials - Effect of the 02/22 Memo?

I don't quite think so. Inspite of being an immigrant myself, I have experienced losing my job to someone on an L1 visa. And I am not unqualified, I also have an ivy league degree. One of my other colleagues also lost his job inspite of being an MIT PhD grad to someone on an H1B. Luckily for him, he got hired by Google just in time to avoid his own visa being lapsed and going out of status. Certainly you wouldn't qualify someone with an MIT PhD degree as having zero talent? And I am not talking about role misfits, he was a PhD grad in Math and his role was in designing experiments, sampling methodologies, test control etc.

My point is that this abuse has been concentrated amongst just a few companies. Most have been very genuine, and it's a few bad actors combined with job losses in the recession that have caused the 1-2% of americans to speak up and tilt the election vote in favor of an anti-immigrant govt.
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Posted in I-485 Forum on 16 Mar 2018
Topic: May VB prediction

My interpretation of that is the biggest challenge would be that if your new job doesn't work as well as you hoped, and you wanted to change employers again, and if your PD become current and stayed so for one year - tough luck. You won't be allowed to change job as you aren't eligible for any more H1s, you cannot file AOS with current company and if previous company doesn't take you then you will have to find another employer who is willing to file PERM/I140/I485 and be open to having you join on EAD. Tough to find, but not impossible. It's a risk, in short.

I am not sure if your PD gets erased, as far as I know that clause is specific to H1 renewals only doesn't say that I140 or I485 is considered revoked/abandoned.
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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction

Wow ... you really got senti. Sorry dude, I had no idea the "GC shop" comment would cause you to flare up.. I actually agree with all you just said, we are all just slaves here. My point with the "GC shop" comment had to do with your PD prediction of EB3 movements. All I was saying is just because you have the option, it doesn't mean a large percentage of people have the option to downgrade at will. A lot of people don't have the option to downgrade easily, as previous employers won't necessarily be willing to hire them back to file I-485. And that's why I think EB3 could overtake EB2 and stay that way for quite a while. I had no intention to brag being in a golden cage or anything, was just referring to PD movements.

Oh and btw, for the record, I don't work for a glossy tech company. I work for a very old school commercial bank, which is by that token even worse than an FT tech company. Less than 0.5% of employees are on H1 in my firm and zero L1s. But even then, they hire all the desis they want by hiring vendors and employing the same model.

Too much greed of exploiting H1s and L1s ... and in the end the victim is always the poor as history has shown again and again. You are right that the situation is really very pathetic right w.r.t. hiring on H1B. I know my company has decided to go conservative and only hire on positions that are truly very rare and exceptional skillset.
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Posted in I-485 Forum on 14 Mar 2018
Topic: May VB prediction

You are assuming everyone is as fortunate that when they leave their previous employer, the same company is willing to take them back regardless of job openings if they can file I-485 in EB3 for that person so they get GC. I am sorry, but not everyone works in "GC shops". I think the downgrading phenomenon can really happen in next few years. Look at china.
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Posted in H-1B Forum on 09 Mar 2018
Topic: JP Morgan Chase and Green Card

Well, in that case banks don't have to file GC for someone with approved I-140 immediately, regardless of whether they are beyond 6 years of H1B. In such a case, there is a potential of delaying GC as long as PD based on EB category in the original I-140 used in H1B transfer is not close to current.

Regardless, my point is banks in general are not very friendly on GC policies. Be aware of that no matter which bank you interview and have an offer from. This includes even the i-banks in my experience like Goldman Sachs or Morgan Stanley.
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