Thursday, June 30, 2011

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  • h1techSlave
    09-26 08:08 AM
    I think your idea is good. But this could be very difficult to implement, at least for USCIS.

    Another suggestion is that porting should be automatic. As soon as a person acquires the required qualification for EB2 + a letter from the company that the person's future job will be of EB2 caliber, UCSIS should put him/her in EB2 category. This is some thing we should work on.

    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.




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  • herndon
    11-17 08:35 PM
    Done




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  • minimalist
    02-12 12:07 PM
    If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.


    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct�07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...




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  • chanduv23
    07-08 09:35 AM
    Folks have you noticed the options on dice when you have to fill up your profile. makes you choose if you are EAD or GC or Citizen or h1b or any other. Now, does it not create a situation where employers can filter you?

    In all other websites like Monster, hotjobs etc... the choices are
    (1) Authorized to work for any employer
    (2) Authorized to work for currrent employer
    .....
    .....
    which makes more sense.

    Has anyone noticed this?



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  • GCVictim
    09-09 06:44 PM
    Is there any +ve direction in the future for EB2 and EB3?




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  • mike_2000_la
    06-08 01:17 PM
    yea...you are right...it seems they are not processing anything today..

    Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.



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  • logiclife
    07-20 12:03 PM
    Please see homepage for more details.

    I need more people to stand up and commit to video campaign. Come on guys, if this had any risk involved, I would not tell you to do this. I have myself put videos in past (for a different purpose). I am on my H1 too. If there was risk involved, I wouldnt do that. I am not crazy and I love my status and my prospects for GC too.

    If USCIS had been going after people just for speaking out in media, then the entire core group's 140s and 485s would have been rejected. USCIS does not have time, interest or legal grounds to care about who does what. Their job is to follow procedure listed in Adjudicator's field manual and work as per federal laws and regulations. Denials of 140s and 485s or labor cert need to fall under one or other category of federal regulation. They also need to be cited on denial notice. You cant just deny someone's 140 because you dont LIKE the extra carricular activities of person. You are dealing with a Democracy here. Not the 15th century Mughal emperor where the jahan-panah (the emperor) can put someone on trial, convict and sentence upon whim without any due process and where the roles of judge, prosecutor and jury are all fused together into one person. There is a reason why there is an independent judiciary in any reasonable democracy.

    If this were something illegal, yes you would be in trouble. If its legal, you are not in trouble no matter what.

    If you do something illegal, then no matter how secretly you do it, it will affect your GC or citizenship. Even after you get GC or citizenship, if you do ILLEGAL STUFF, then yes, those privileges can be revoked. If everything you do is LEGAL, then NO, NOTHING will happen to you.

    Kindly draw the lines of what you choose to do and choose not to do along the lines of LAW, and not along the lines of "What might or might not offend someone".

    If you are constantly afraid of offending someone, then the sad news is that you wont be able to accomplish much of anything in life, EVEN AFTER getting GC and citizenship.

    There is no such thing as secret protest.

    If the only protest is the only inside your head, then I dont think Congress is going to get the message. That's because Congress does not read minds. It can hardly keep up with letters and webfaxes so I doubt that the grievances inside your head that you intend to keep private will do you any good. You need to speak up publicly.




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  • logiclife
    06-22 03:56 PM
    Giving Pay stubs instead of FUTURE employment letter ?

    That may be a RFE and then eventually you have to give that letter and do more bargaining with your employer...

    You wont neccesarily get RFE for omitting the employer's letter. Your 485 CAN GET DENIED.

    YOU NEED EMPLOYER'S LETTER THAT STATES THE INTENTION OF HIRING WHEN GC IS APPROVED. Otherwise, as per USCIS memo recently issued, the officer can simply deny the 485 without bothering the send you an RFE to explain the missing document.

    The recent memo says that if the "INTIAL EVIDENCE" is missing, then the petition can be denied outrightly without having to send the RFE.

    Read this memo page 2 item # 3 :

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Also, read the filing instructions on form I 485. The employer's letter is listed under "Initial evidence" list.



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  • reedandbamboo
    09-14 10:21 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)


    MY LETTER addresses the situation with the visa bulletin using EB2 as an EXAMPLE! I want them to scrutinise their visa bulletin setting technique for EVERYONE but I'm highlighting with a specific example.

    The lawsuit, in the event that the letter is ineffective (more likely than not.. but still worthwhile starting with) is for EVERYONE.




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  • rbharol
    10-17 01:49 AM
    IV

    I have a feeling that the restrictionists may seek to attach HR 6283 along with the SKIL Bill to any appropriations bill...the restrionists have long been trying to cut family immigration (which they call chain migration)..what do you think?

    NUmbers USA are asking members to send this fax to their representative...

    ====

    Dear Representative XX

    I believe that cosponsoring H.R. 6283 is the single most important immigration action you can take right now to remove injustices caused by too-high immigration and to move US toward environmental sustainability.

    Until the late 1950s, America's immigration tradition of family unity had only included spouses and minor children. Since then, however, immigrants also have been allowed to sponsor send for their siblings, parents and adult children for legal admission into this country.

    Because each of those can then bring in their own adult relatives and nuclear family, a single immigrant can eventually be responsible for the arrival in the United States of his/her aunts, uncles, nephews, nieces, first cousins, second cousins once-removed, in a spiraling chain that eventually could reach most of the world's six billion-plus residents.

    Our immigration policy, particularly as it pertains to “chain migration,” is out of control. Please put an end to it by supporting H.R. 6283.

    Anti Immigrants will keep doing what they are doing and they have been doing it for long.
    They have to give strong argument in favour of their claims.
    Somebody can't just say we don't like the color of their skins so we do not want them here.

    Let them present their views to the lawmakers and lets do our part.

    I do not really like the idea of posting NumbersUSA posts here.
    I do not mean to offend you.



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  • delhiguy
    07-08 05:54 PM
    No onde denies that we cannot vote. But we have the basic rights, like being treated "equally and fairly". For example, if some employer violates labor law and did not pay you for your work, I am sure you can sue, even though you are not a citizen. There are some basic rights that everyone has, esp. if you hold good fainth and are damaged. Statement that you do not have any rights as you are not a citizen is just wrong. I am wondering how this will impact people's (esp. people from other countries) perception about this. :confused:

    Sir,
    What i said are my views after reading through the internet, I may be wrong.
    We would now have to wait for the lawsuite judgement , to know where we stand.

    I planned to sue my previous employer and i called a labor lawyer , when i told him i am on h1b , he said that i need to call some lawyers who specialize in h1b labor law, as his expertise is in labor law specific to us citizens..




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  • hebbar77
    09-13 09:34 PM
    I agree to the point that: we pay for unemployment , SS tax etc when we ourselves are not eligible for any of that if we continue on H1, in fact we are supposed to exit this country when we loose job!!!
    what a joke...
    also did u see this in history:
    when europeans came here abt 500 years back, natives did not welcome them nor liked them. Now legal immigrants are coming , and you know how they are treated!!
    so I guess system is behaving like normal. Its upto us to fight the system...
    by demanding GC , we(for us and our generations) are asking for right to apply for citizenship, ultimately a right on the resource of this country(all resources including natural resource). So there has got to be fight/effort to get it. It will not come just doing what we do for living.



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  • smuggymba
    07-21 10:34 AM
    I was trying to reach Sant Chatwal via email, he is an immigrant close to Hilary Clinton; not sure if he will/can help. Is it worth some try?




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  • delta313
    02-16 04:42 PM
    Transaction id: 0875-4353-9232-5569



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  • raj2007
    06-23 09:42 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?
    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




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  • kataria
    11-19 01:55 PM
    Email to House Rep and Snail Mail to Senator. Done for both me and spouse.



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  • qplearn
    10-25 07:49 PM
    If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.

    So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years

    What standards are you talking about? All the universities in the US are standard and all are non-standard at the same time. There are no legally accepted ways to define what is standard. Also, the GMAT or GRE or TOEFL are not necessarily indicators of admitting brilliant students. Several ABET accredited departments in engineering schools do not require GRE scores! And yet they are ABET accredited. So this argument makes little sense. (Somehow I think, we've discussed this before :))

    As purgan pointed out, the market forces have made this a great country. Even if you have an MS or Ph.D., but if you have no job, you are not going to get a GC; but that has always been the case. I don't know that you can get a job by paying a desi consultant 20K. If that is happening, the law will take corrective action, as it invariably does in this country fortunately. So there is no reason to worry about that provision in the SKIL bill.

    But I do agree that it may be easier to get something like doubling the number of GCs temporarily, rather than a blanket provision, passed. (That is like increasing the queue capacity during rush hour and bringing it back to normal levels when the traffic intensity reduces.) But if we increase the H1B quota and only double the number of GCs, we will have an intractable situation.




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  • ItIsNotFunny
    05-01 03:34 PM
    Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.

    Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.

    However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.

    Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.




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  • madhuvj
    09-15 03:39 PM
    You should be proud of what you are doing. Even if you dont do a great job, You should try your best and you should still believe that you are doing it to the best of your ability and no one can do it better. But the way you talk, you seem to be a big loser and one of those, who feel lucky to have got your H1B. Probably, USA wont lose anything when one some like you leave. But Dont talk for the folks here. If you think you are below average, thanks for accepting it. Anyway, we would have known that from your shameless post. Most of us here deserve it and are special and are destined for greater achievements.

    Originally Posted by VivekAhuja
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.




    texanmom
    12-17 05:29 PM
    Like many many people have said before - the GC is not the end of the road. it is just a milestone. Life goes on, irrespective.

    Try playing this game:
    1. What if my GC is delayed by 10 yrs?
    2. What if it is denied?
    3. What if I have to go back to my home country?

    What if, what if, what if....You will find that it is really not as bad as you think it is. The alternative solution may be much better, and make you much happier.

    We have been here since 2001, had 4 GC processes started between me and my husband. The one with a PD of Dec 2005 (under Eb3!!) is the one we have used to get our EAD's. Yeah, its a long, long wait - but has that stopped us in any way?

    1. My husband has a very good job and likes what he is doing- although he would like to cut down his travel.
    2. I have a v.good and v.well paying job
    3. We have 2 beautiful daughters - who are both American citizens by birth.
    4. We have a beautiful home ( we bought a house 3yrs ago, irrespective of the fact that we were on a H1B)
    5. We have fairly good savings, good US education, diverse & valuable work experience
    6. A Canadian PR as a back-up

    What I am trying to say is this - you cannot control USCIS/ DOL/ the FBI...but you can take charge of your destiny. Build a strong foundation for yourself and your family. Have a good back-up plan (or two!). Participate in activities that interest you. make a difference in others lives - educate a few children. Take care of an elderly person. Leave a legacy behind.

    And have a good life! Stop worrying! Happiness will follow.

    Cheers!




    adusumilli
    09-13 07:12 AM
    mailed on 2nd july received 3rd july notice date 10th sep sen to Nebraska receipt number from Nebraska. delivered at 11:14 am on July 03, 2007 and was signed for by F HEINAUER

    Thanks
    Gopi



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