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  • CADude
    10-12 03:24 PM
    My special Thanks to Mr. Prakash and Ms Windy for raising the issue with USCIS Rep Ms. Debra Roger.

    Please don't miss this chance:
    Please send details to CIS Ombudsman office with scaned delivery Proof for pending applications. Please mail him all the details. He want to see the trend. No efforts are useless. Not for today nor for future.

    USCIS is again not admitting that they are not following the FIFO and per USCIS, we should have got our EAD by now also. :D




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  • gccovet
    03-04 08:57 AM
    As we have crossed 2K, I am sending another $25.00 as I had promised.

    GCCovet




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  • Administrator2
    09-23 01:47 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.

    Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?




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  • drona
    07-06 07:31 PM
    We would all like to part of a rally or protest but why give us only one days notice? Surely most people will not have read this post by tomorrow. We should organize this properly by sending out the message to the community well in advance and getting the required permits (I mean if you want this to be in any way successful that is).



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  • sankap
    07-09 08:35 PM
    Desi393, FinalGC, Ramba:

    You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, is a "legitimate" employment? Could you quote a USCIS resource?

    Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions procedure for that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.




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  • xu1
    05-03 12:19 PM
    Section 205. Retaining Workers Subject to Green Card Backlog.

    This section specifies anyone caught in the backlog would be able to pay $500 to adjust status... So your husband is ok (again, should this SKIL ever become reality)

    However, I am confused this section 205 falls into Title II, "Retaining Foreign Workers Educated in the United States". Section 205 does not read like anything to do with a degree in the US..

    wow,

    what do you say, ordinary folks in EB3, without US Masters will not be able to proceed toward I-485 stage when visa is unavailable?

    Hmmm, I will have my Masters, but I cannot work, as I cannot get h1 because of the 6th year limit (just like so many h4's). My hubby does not have US Masters, so he will wait in EB3 forever?

    Can I slap my Masters to his name so he can proceed faster and I can finally get my EAD..?



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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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  • iviviv
    10-24 07:31 PM
    What is IV's game plan after the elections? Are we being proactive by contacting key Democrats and making them aware of our issues?



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  • leo2606
    12-27 10:50 PM
    IOs at TSC are responding to the enquiry of your case i.e they give info about name check status.
    But in NSC the IOs are not giving any information, they are just saying they can't tell anything.This happened to me two times since last week.Does any one got same experience with NSC?




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  • tonyHK12
    02-10 11:20 AM
    thanks sureshtreddy, dkshitij for your contributions.

    Amount raised = $1800.00
    Contributions needed = $48,200.00



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  • spulapa
    02-02 10:22 AM
    I just visited last month. I stayed there for 6 weeks...

    Agree that economy is booking but....

    (1) too much pollution.
    (2) No infrastructure to handle cars and two wheeleers.
    (3) too much mosquito even in winter/summer. I do not know what will happen in rainy days.
    (4) prices for every item have gone up by 3X..Most of the item I am not able to justify the rise. The quality of the product has not gone up.
    (5) easy to set up business..get house...get car but tough to drive peacefully...need to pray god every morning so that we come back home with 2 hands and 2 legs and unbroken body parts.
    (6) Club culture is booming too...so if you have daughter who is teen then need to check by that angle too.

    Just my two cents....

    Dude...
    I was all along with you till the 6th point, the statement you made clearly implies that it is ok if a Boy goes and screws others daughters but you need to keep a check on the girl ??? Is this liberty and freedom to you ?




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  • gckabayega
    09-01 07:47 AM
    Wait for a couple of more weeks-- It is on the way. Don't go by the dates USCIS posted. They apparently don't correctly reflect the actual.

    i sent application for me and my wife on july 6th NSC my I 140 was applied in TSC . i am NJ resident. wife took info pass appointmnet as no check cashed, no notice receive. started worrying now. as NSC is updating even new applications no sure if my case was transferred to TSC or not . any body in same boat ? application was signed by R williams in NSC.



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  • srikondoji
    07-05 11:08 AM
    I sent it for Friday deliver.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0

    cost 24.99 to be delivered Friday 7th. Search for F488

    Merchandise Subtotal: $ 24 .99
    Service Charge Subtotal: $ 13 .99
    Discount Subtotal: $ (5 .00)

    Your Order Total: $ 33 .98 All prices are in US dollars

    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..




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  • zeta7
    06-22 01:36 PM
    Hey all,

    I completed my landing in Toronto some 4 weeks ago. My pertinent details:
    -No valid H1B stamp in passport
    -485 was filed
    -Planned on using AP to return

    The risk at the time (since there was no clear consensus here) was returning to the US using AP with a Canadian Immigrant visa stamp in my passport. I should point out that my passport was literally a year old, and the Canadian visa was bang in the middle pages; it popped out as soon as the passport was flipped open. It couldn't be missed.

    Toronto immigration was smooth. The only comment the officer made was that I had only a week left before my Canadian visa was due to expire, and she was surprised I had waited till the last minute (I suspect she'll be seeing quite a few more cases like this soon though!). I provided a Canadian address to receive my PR card over there.

    I spent two days only in Canada. I decided to travel across the Atlantic and meet up with the family since I was leaving the U.S. anyways. Plus I figured on returning, if I was asked what the purpose of my travel was, I could honestly say "visiting family" as opposed to beating about the bush about the Canadian PR.

    I returned 2 weeks later to NY-JFK. At the immigration counter I was asked to go to a separate desk to have my AP paperwork done. The Officer there asked me what my area of employment was, which I responded to. I was then asked to wait. 20-30 minutes later I was called again and my passport and AP documents were returned. No other questions were asked.

    I was extremely paranoid about the whole thing, but there were literally no issues. Of course luck plays a big part, so it's up to you to roll the dice; chances of problems arising seem low though.


    It's been almost 4 weeks and I still haven't received the Canadian PR card; if anyone else has an idea of how long it takes, I'd appreciate it if they could apprise me. Also I'm under the impression that since I'm not earning any income in Canada, there is no tax paperwork to be filed there. Is this correct?



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  • k3GC
    05-23 11:01 AM
    Sent email to 2 state senators + 10 senators listed.




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  • gc_peshwa
    02-16 08:54 PM
    Donated $100 for this event apart from my recurring monthly donations. Plan to spread the word about the advocacy with my colleagues tomorrow.

    Go IV!



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  • jonty_11
    01-21 01:58 PM
    Not that anyone would do this purposefully...
    What if due to recession you loose your job and cannot find one for 1 year..then once you find one similar in duties and Title as ur LC, you start working (effectively after a long time since you lost ur original job/sponsor)...and were unemployed for 1 yr...or so..but at time of GC approval you have a similar job as your Orig LC...How much of a problem could that be or is it just your luck, that USCIS may or maynot ask for paystubs W2s etc for the last one year????




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  • TeddyKoochu
    09-10 03:49 PM
    Instead of working on recapture..we must work on filing for 485 even if PD's are not current.. this way.. atleast in this recession ppl can be assured of some piece of mind.

    visa recapturing will not happen..am not being pessimistic..its just too much of a hassle...needs a law and all that.. too complicated.

    allowing to file for 485 can be bought back as a temporary relief..we should work on that!

    I fully agree with this suggestion. This will greatly alleviate the suffering of the population who missed Jul 07 irrespective of EB2/EB3. The only way we can get the interim benefits (EAD/AP) is that the date crosses our PD's again which in the pre-adjudicated world is going to take a while. Any thoughts suggestions welcome.




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  • Macintosh
    09-17 08:27 PM
    PD: May 2006, EB-3, ROW

    I-485 applied on Aug 2, received on Aug 3, 2007
    Receipt received in the mail on 9/17/07; ND 9/10/2007

    Applied to Nebraska, I-140 approval from Texas, I-485 receipt is LIN.:confused:




    desi3933
    06-26 03:06 PM
    "Until and after 1 year" - how does it save me - the word "until"

    please explain for me - Thanks Much ?

    Sounds like there is a way out.
    Could you please post whole sentence? Thanks.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




    JunRN
    08-27 05:35 AM
    Mine was filed on July 31 as per FEDEX tracking number was received by C. Houge....I am hoping to receive my RNs on the first week of September based on the rate as per USCIS Receipt Processing Notice....



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