Tuesday, June 28, 2011

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  • mrsr
    07-08 08:24 PM
    Why the hell they are looting the social security then , as non immigrant why the hell do i need it. Any congress men can answer this , they are stupid




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  • Daisy
    06-08 01:52 PM
    My lawyer is taking his own sweet time to apply. It is frustrating. Do you guys think that there is any chance that they will stop taking 485 applications at some point before 30 june? Please reply...we are worried.




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  • DallasBlue
    08-25 12:00 AM
    Quote:
    Originally Posted by unitednations
    If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.

    That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.

    No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.

    Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.

    Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.

    The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.

    It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.

    I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.

    Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?

    Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.


    Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).



    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.

    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?




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  • nefrateedi
    09-18 05:21 PM
    Hello,

    As my lawyer has used his checks to pay my 485/765/131 fees, there is no way of knowing whether the checks have been cashed. I did called my attorney a couple of times last week and he told me that checks are NOT yet cashed.

    So I'm still waiting to hear from the lawyer abt the receipts.

    And it looks like your package was handled at NSC itself, instead of getting transfered to TSC or CSC, hence the LIN#.

    I will let you know once my receipts are in.

    Thx

    Yup, it was receipted at Nebraska. By the way, I tried entering my receipt #s on the website again, and this time it worked...:D



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  • desi3933
    07-08 03:40 PM
    .........and hence Desi - the answer to your question why H1 does not care for F1 and EAD does not care for H1 and so on.......it is not a collective cause - it is just a collection of individual causes - thats all - we would be fooling ourselves if we had some other grandiose visions - calling this group a cause would be the same as calling passengers on a bus one group - they are in the same bus simply because they share a part of their journey - thats it


    Very well put. To the spot.

    You have put nicely what I mentioned in my previous post
    each professional (roadie) is alone and has to look after his own best interests.

    To take it further, roadies form groups (team) to complete tasks, here at IV, immigrants form group to achieve their goals, but ultimately, its everyone's personal quest to be part of this great country.

    But, may I add here, we should remember our past and if we can't help any future immigrant, the least we can do, is to encourage him/her.

    Wishing success to everyone. yes, to everyone who wants to be part of this great country. Just a fine print, everyone who has played by the rules (aka legal immigrants). Undocumented immigrants should wait in line after legal immigrants.

    Afterall, this nation is built by, in part, by immigrants.


    .




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  • arihant
    05-02 11:23 AM
    Does section 201 mean that those with advanced degrees from US Universities are exempt from the 3 year requirement? This clarification is critical because of the 3 years in the RELATED field clause. I do not believe any of the other bills incorporating similar provisions have made this distinction for US advanced degree holders vs advanced degree holders from other countries. I believe all other bills impose the 3 year RELATED field restriction for ALL advanced degree holders.

    If the 3 year RELATED field clause does not exist for US advanced degree holders in STEM, it would give relief to many members.

    Kindly clarify.



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  • ssss
    03-26 03:21 PM
    I am not sure if I can get GC in 2011




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  • immi_twinges
    07-10 08:14 AM
    some suggestions on the content that we should put on the banners for the San

    Some Quotes from famous people which might help in the rally:

    There is nothing less to our credit than our neglect of the foreigner and his children, unless it be the arrogance most of us betray when we set out to ''Americanize'' him. Charles Horton Cooley 1864-1929, American Sociologist

    We can add some thing personal below the above statement on the pamphlets

    Everywhere immigrants have enriched and strengthened the fabric of American life.
    --John F. Kennedy
    PS: So Let it be ….




    America was and is the immigrant's dream.
    Don DeLillo
    PS: Do not smash it by the incompetent immigration services

    Remember, remember always, that all of us, and you and I especially, are descended from IMMIGRATIONs and revolutionists.
    Franklin D. Roosevelt 1882-1945, Thirty-second President of the USA
    ps:....


    The divide of race has been America’s constant curse. They divide us by the country of origin and allocate the green card where in they have to look what an individual can offer to the country.
    If you are an Indian or Chinese or Mexican rot for 11 years before you are accepted by the country as a permanent resident. This is what the Immigration law sounds like now.
    …. hehehe my quotation



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  • zj142
    07-08 09:12 PM
    she is so good at changing topic and avoiding the critical truth




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  • ink_123
    08-30 06:37 PM
    Application Sent on June 30th. Recd in NSC on July 2nd. I had applied only 485 at that time. Sent the other forms later with the Fedex receipt no. Waiting for EAD/AP receipt now!!



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  • inskrish
    08-14 12:08 AM
    I filed concurrently for I140 and AOS by sending in the application packet today. My lawyer suggested that even though the USCIS receives the packet tomorrow but are not able to receipt it before the 17th they can reject the it. I am a little confused about his advice, can anyone please provide a clue and sooth my nerves? It would be a tremendous obligation.

    Hi Prince_waiting,

    Your lawyer is absolutely wrong. All applications received on or before 17th Aug.2007 must be received by USCIS, even if they can't open the the packets on or before 17th Aug.2007.

    Regards,
    IK




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  • gc_on_demand
    07-08 10:07 AM
    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......

    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?



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  • maverick_joe
    05-02 10:49 AM
    :D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...


    Who did not even know about IV till Apr 2007 are talking here.




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  • gk_2000
    11-18 02:29 PM
    I went on website and see IV is their partner

    Reform Immigration For America
    Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/about/organizations/)

    A lot of big organizations there in list.

    So if IV is their partner, is our agenda part of their list? Not sure. If not, could we ensure that it is ? And, is it OK to send fax on their behalf as well? I guess it will be, IF our items are present..



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  • somex
    02-22 05:36 PM
    I am also frustated with GC process. It is literally controlling my life...
    I don't want to go India because not sure whether I would get Visa or not. I don't want to join some prime vendor company because not sure whether they would start GC process immediately or not, and vendor could terminate the job immediately after contract expiration or any other issue. As everyone knows that desi employers are blood suckers and on top of it H1B extensions are very tough to get with them. I was almost on edge of leaving the country on my last extension.

    With desi employer, It looks to me that my career goal is only GC. I don't know when I get that and I am sure that my goals will be none after getting GC because I would be exhausted by then....




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  • snathan
    02-10 10:30 AM
    Grand Total - $919

    Come on folks lets help IV, to get things done for US.

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Come on guys...its only $81 to cross $1000



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  • josecuervo
    08-25 08:50 PM
    Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.

    Received the "Card Production Ordered" email this evening at 6.30PM EST.




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  • delhiguy
    07-07 08:44 AM
    What about the applications received before release of bulletin?

    When DOS doesnt have a Immigrant Visa available , its just not available.
    DOS made it effective 2nd ,
    "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
    USCIS by law cant accept any applications effective 2nd.

    People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

    Sir , we are screwed, thats doesnt mean a law is broken


    We need the legislature intervention to make the limit higher.




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  • rajsand
    08-29 03:40 PM
    There are 1000s waiting for receipts , filed before July 24th . Hope someone apprises USCIS that people are aware of it & they cannot fool millions just by a silly update (who is asking for it anyways!)!


    Applied to NSC on 18th July and received on 19th by F.HAUINER (has anyone received application by this person.. asking just to check if mine reached the right place)

    Receipts : Not Yet
    PD : Feb 2003




    desi3933
    07-10 06:50 AM
    Problem with that argument once you own more than 5% of the company you will have file as investor. If your wife owns the company then you will have file under relative category. There were denials based on this.

    Total BS. Do you have any reference link for case denials?

    You are confusing filing new I-140 with employer (where beneficiary has >5% share) with AC-21 job change.


    .




    senthil1
    07-27 10:33 AM
    Also issue of discrepancy of EB2-I and EB3-I is raised first time that is after Aug VB. But I think it will fade away after oct VB when normal processing starts as diff in PD between EB3 and EB2 will be 1 or 2 years and each category will have equal Visa numbers for 9 months.

    "There are more more severe issues in the country than resolving EB3-I"
    True ... and so I guess there no issues more important in the country than to recapture visas for legal immigrants.

    With your approach IV should just keep quiet and hope for the best.

    Agreed Recapture will solve most of the problems but at the same time it has turned out to be the most difficult one to achieve since it requires a legislation change.

    All the immigrant community should support IV in it's effort to recapture .

    But I cannot understand your ilk who are adamant that the entire community should only focus on recapture and doing anything else is blasphemous and attach negative conotations like "infighting", "Splitiing" ....it's absurd.

    Such utterances can poetentially hurt the recapture issue by alienating significant community size .

    Why was this mantra,"Only Recapture nothing else", not preached

    1. When IV sucessfully reversed USCIS decisions last July
    2. Two year EAD's.

    Recapture would have solved the above problems automatically to



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