Wednesday, June 29, 2011

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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.




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  • vinabath
    03-25 03:20 PM
    Wait for Oct 2008 for any possible movement.

    My PD is 1 March,2004 and my realistic estimate for getting my GC is end of 2009.

    You are on spot. To be little optimistic, It will be 3rd quarter of 2009.




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  • hindu_king
    03-06 04:38 PM
    You are seeing it from a complete 180 degrees than I see it. It's not us who's discriminating, it is the laws which are discriminating. I am asking them to treat us all equal, I entered the country on an H1B which was an employement based application it did not hav any country quota, then why should green cards for EB have country quota. Why should a person from India wait for 10 year and a person from Romania get it in 1 year....I think your ROW friends shold understand our position.

    We are not asking for discriminating ROW. All we are asking is to end discriminating Indians.




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  • smisachu
    07-05 10:19 AM
    Hi Guys, I will send the flowers. This way we will get media attention.

    Can someone post this in other forums too. Like Rajiv Khanna's www.immigration.com and other threads that we EBs' visit.

    The more flowers they get the better.



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  • aquarianf
    04-24 11:18 AM
    Guys one more perspective:

    1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.

    2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.

    3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.

    Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?

    Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.

    Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline

    When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?

    Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.

    I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.



    I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.




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  • my2cents
    05-23 09:07 AM
    You can not really change point based system and u can not ask for that..they are the policy makers..they are responsible for there own country.

    We should only ask

    - Clear the backlog for EB people as FB without country quota
    - Allow all backlogged people to continue on old system (h1b renewal/3 year extension until date of enactment.


    If all backlogged is cleared then for merit based people..

    - There is no LC or PERM..u can file adjsutment of status just as canada or Australia. ur PD will be current as backlogged is being cleared.You can continue to enjoy AC-21 after I-485.
    - You don't need H1b renewal 1 year or 3 year..


    "FOUCS ON CLEAR THE BACKLOG FOR ALL PEOPLE WHO ARE PENDING AS OR BEFORE ENACT THE LAW"

    in BTW i called the senators.



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  • zoooom
    07-19 07:39 PM
    Done
    Also..How can we let other members know that a thread like this exists...




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  • Ann Ruben
    07-20 12:58 PM
    I am honored to pledge $200



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  • sracharla
    08-27 12:25 PM
    My attorney received my receipts as well as my wife's receipts...they sent me scanned receipts....PD Mar 2005...hand delivered to NSC on july 2nd...Received EAD 10 days ago...I-140 is from TSC...had a LUD on 5th august.....Receipts starts from SRC...it got transferred to TSC from NSC.. Received Date is July 2nd...Notice Date is August 14...




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  • desi3933
    06-28 06:46 AM
    desi3933,

    Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).


    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --

    The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.

    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    "(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.

    Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC holder.


    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • map_boiler
    09-16 10:17 AM
    http://www.immigration-information.com/forums/showthread.php?t=5701

    GCStatus, I like your enthusiasm, but am a little skeptical regarding whether a class-action lawsuit is really feasible here.




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  • GC08
    07-08 05:19 PM
    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:

    Can anyone clarify what's included in the 700k? Those who filed 485? Those who filed or with approved 140? Those with all approved labor? :confused:



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  • akhilmahajan
    02-25 02:27 PM
    Payment Sent (Unique Transaction ID #9SF61544AC045092G)

    Original Transaction
    Date Type Status Details Amount
    Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD

    Related Transaction
    Date Type Status Details Amount
    Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD




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  • vkrishn
    09-25 12:21 PM
    Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
    You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.

    Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..

    If it doesn't suit me it's injustice.

    "Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
    It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake.. "

    Agree.. Most of the Top companies file based on the skill set and Qualification and do file EB2 for people who satisfy that requirement. Its the Desi consulting companies who do all the crappy stuff on earth.

    Top companies file EB2 for M.S Degree holders and thats what the law says. If one employer does not file under EB2 even after you are eligible for it move to another one. If you have the correct skillset you should be able to find another job.



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  • saptaswara
    05-09 10:13 PM
    The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

    Sending poorly drafted letters may not speak well of our community please

    Regards,

    Saptaswara




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  • sathishav
    02-22 10:02 AM
    @india_usa
    100% correct. I guess its human. If you did not file for 485 in Jul 07, people want to file when PD is not current. For people who filed and are waiting, want the backlog cleared. People who have GC are "worried" about getting citizenship :). People who just came in, are worried about they PERM/140 approvals.

    @peacocklover

    GC is all about luck. They should cancel the entire GC process and make it a "lottery" as that is what it is.

    I think the substituters were the smart ones (though a few of them were burned during the process). I guess, people like you and I choose to follow the safe route.

    your PD says its 2006. I know people with PD in 2004 or 2005 and their Labor/PERM applicaiton was not approved before the July 07 floodgate. They are still waiting and I do feel sorry for them.



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  • stuckinmuck
    05-28 02:10 PM
    Subject: Becoming Illegal (good deal)

    (Actual letter from an Iowa resident and sent to his senator)

    The Honorable Tom Harkin
    731 Hart Senate Office Building

    Phone (202) 224 3254
    Washington DC 20510
    Dear Senator Harkin:

    As a native Iowan and excellent customer of the Internal Revenue service, I am writing to ask for your assistance. I have contacted the Department of Homeland Security in an effort to determine the process for becoming an illegal alien and they referred me to you.

    My primary reason for wishing to change my status from US Citizen to illegal alien stems from the bill which was recently passed by the Senate and for which you voted. If my understanding of this bill's provisions is accurate, as an illegal alien who has been in the United States for five years, all I need to do to become a citizen is to pay a $2,000 fine, and income taxes for three of the last five years. I know a good deal when I see one and I am anxious to get the process started before everyone figures it out.

    Simply put, those of us who have been here legally have had to pay taxes every year so I'm excited about the prospect of avoiding two years of taxes in return for paying a $2,000 fine. Is there any way that I can apply to be illegal retroactively? This would yield an excellent result for me and my family because we paid heavy taxes in 2004 and 2005.

    Additionally, as an illegal alien I could begin using the local emergency room as my primary health care provider. Once I have stopped paying premiums for medical insurance, my accountant figures I could save almost $10,000 a year.

    Another benefit in gaining illegal status would be that my daughter would receive preferential treatment relative to her law school applications, as well as "instate" tuition rates for many colleges throughout the United States for my son.

    Lastly, I understand that illegal status would relieve me of the burden of renewing my driver's license and making those burdensome car insurance premiums. This is very important to me given that I still have college age children driving my car.

    If you would provide me with an outline of the process to become illegal (retroactively if possible) and copies of the necessary forms, I would be most appreciative.

    Thank you for your assistance.

    Your Loyal Constituent,

    <First Name> <Last Name>

    <City>, <State>
    Get your Forms (NOW)!! Call your Internal Revenue Service 1-800-289-1040.

    Please pass this onto your friends so they can save on this great offer!!!!




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  • trueguy
    07-28 10:48 AM
    This thread was opened for working on Action Item. EB2-I community is giving all stupid reasons to divert us from our Action Item. Please stay focused and lets work on Action Items.

    We already sent petition to support those three bills. What else shall we do now. We are running out of time and only few days left before Congress goes on recess (or whatever the term is). WE MUST ACT NOW.

    Thanks.




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  • gk_2000
    04-16 07:46 PM
    Well, in that thread they were about to "hire a top constitutional lawyer", but it ended in a whimper...




    simple1
    05-02 03:12 PM
    thanks IVcore for looking into the request.

    I would like to know your response. Could you please post it in this thread ? possibly with references you received from the attorney ?

    I think IV core has some concerns regarding the correctness of the legal advise that you received from your attorney. Let us wait for them to clarify.




    akhilmahajan
    02-09 05:25 PM
    Thanks a lot srinivas.

    Grand Total - $649

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

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.

    Paid $50 through Bank Of America bill pay.

    Confirmation number: 8MT87-N97Y8



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