Friday, July 1, 2011

Birthday Cake Rachel

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  • akhilmahajan
    02-09 02:59 PM
    Thanks a lot rvurady14 and jelo.

    Grand Total - $443

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

    IV is I/WE.

    GO IV GO. TOGETHER WE CAN.




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  • 2ndJuly
    08-13 11:30 AM
    EAD USCIS Recieved Date: 03-July
    EAD Status Cahnged to Card Production Ordered: 12-Aug
    EB3




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  • nogreen4decade
    09-01 06:27 PM
    Pooja, Kyon re? Are you feeling lonely or what? He doesn't want to talk to you... leave him alone ;-)

    I thought you were going to contact me in order to sue me ... As usual - another coward South Indian .....




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  • saimrathi
    07-10 02:42 PM
    I wish there was a link to the coverage..

    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!



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  • pd052009
    02-04 10:58 AM
    I hope many people will contribute when the days are close. The sad part is that they do not realize that IV needs to know the collection amount details in advance to organize a mega event.
    50 thousand members and only 10 people contributed?

    Shameful. If this is the situation, will IV cancel the event?




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  • kondur_007
    07-28 01:04 PM
    Sorry to read blaming debates between eb3 and eb2. Insted of blaming, it is better to take some action. Based on current practice by DOS, EB3-I will be like this for ever, unless more number opens up by any legislative changes. As per law, each EB catagories are allowed to have 40K visas. As demand for EB2 is more, (paricularly by In,Ch) one can not expect any flow from EB2 to EB3 . This is law one can not change it.

    Now I am coming to important point to take some action by EB3-I. The law says, 7% country quota will be applied in each prefrence catagory if worldwide demand for visas is more than supply in that catagory. But the law does not set any time frame. Therefore, the real threat for EB3-I is EB3-ROW. As per current practice, untill EB3-ROW become "current" EB3-I will get only 3000 visas per year. What happen if EB3-ROW never become "current" for next 50 years? EB3-I will be stuck in 2001 or 2002 for ever. To add my point, let us imagine a hypothetical case. Lets say in 2010 about 1 million ROW guys neend EB3 visa number. All has PD 2010. EB3-In will be stuck in 2001 till one million EB-ROW with PD 2010 recives GC. In nut shell, a EB3-ROW with latest PD will be given more preference than EB3-In with PD 2001. As current practice does not set any time limit, new flow of applications keeps retrogressed countries stuck for ever. This point has to be conveyed to DOS and USCIS to change the practice. Applications receviced in one fiscal year has to be cleared (grant GC) to process the application from next year. This way new applications from ROW will not stuck the retrogreesd countries for ever.

    This is exactly I have been trying to communicate for a long time.

    I said this in my previous posts:

    Following is my post from May:

    http://immigrationvoice.org/forum/showthread.php?t=18876

    Then I said it again:

    http://immigrationvoice.org/forum/showthread.php?t=19058&page=2

    Then I said it again and again:

    http://immigrationvoice.org/forum/showthread.php?p=261937#post261937

    And I urge again, this is not the "fight between EB2 and EB3" but a reality that something needs to be done for EB3. Although I am not EB3 myself, I have many frieds stuck in EB3, and it is very unfair to them and their families to wait several years in line.



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  • SGP
    11-17 04:47 PM
    Sent Once again from my spouse's email ;)




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  • prem_goel
    08-26 05:19 PM
    There are cases pending since last august. This is the whole theme of the thread. Lots of cases stuck in vermont service center.

    Does anyone know?



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  • kshitijnt
    07-09 02:05 PM
    damn the attachment. Sorry buddy I tried cant upload here.




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  • khukubindu
    05-05 06:20 PM
    Thanks reddymjm for your quick reply. How long would it be current , do you think ?

    What should I do from my side if it the date is correct ?

    Should I call USCIS.



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  • Macaca
    07-09 12:21 PM
    We need to define immediately available.

    Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).

    Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
    May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
    June 12 when < 40K GCs were available but ALL AOSs were acceptable.
    July 2 when 0 GCs were available and ANY AOS was not acceptable.
    Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
    Months in 2005 and 2006 when ANY AOS was not acceptable.
    10K+ GCs were returned in 2006 but soma (??) categories were not available.




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  • mirage
    03-07 01:34 PM
    Your Comment on H2B is only right about H2B and doesn't apply on EB green cards. We are people who came on H1B & our Green Cards were sponsored by US employers, we have our Labor & I-140 approved and we are waiting for Visa number assigned to our applications. So you could be comparing apples to peaches...Immigration policies had been hostile in past 12 years and will continue to be same indefinitely...Now our choice is sit back, lie low, keep watching & read Visa predictions indefinitely- may be another decade or 2- or take some steps, which I think, are not going to face much opposition. Also regarding reason behind so many Indians is, that 200K H1B between 1999 and 2002. Even if visa cap is lifted for 2 years that big hump will be crossed, it may smoothen the Visa allocations for Indians.

    One thing that everyne needs to understand is that before the lawmakers, etc., take a stand they study the issue.
    .



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  • mrdelhiite
    09-13 08:31 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

    Where was ur I140 approved ?
    -M




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  • diptam
    07-02 02:01 AM
    CURRENT employment letter they will give in 10 mins....

    But for FUTURE employment letter i signed a bond for 10 grands saying that i wont leave them till 1 Year after GC....

    I bargained for 1 yr after EAD ( I already worked 2.5 yrs with them and i'm in this country for 7.5 yrs ) but the bargain was a failure... I could just change
    certain Clauses but nothing in the core of the Bond/agreement.

    After EAD i would show the bond to a lawyer for $250 and ask them if i can win the case within 4-5 grands ... If yes , i would hire that lawyer or else
    i'll pay 10 grands and do something else :))

    If i succeed by the lawyer route i would spend my win sum of $5000 for a vacation to Alaska or Europe .....

    Take it easy guys - Lets just hope USCIS accepts out 485 app tomorrow.

    My app has just reached Omaha, NE at 8 PM .... Hope it reaches Lincoln,NE by morning tomorrow ( its just 1 hr drive)

    with a copy of I-140, you can complete all your paperwork between now and dawn tomorrow.

    In the meanwhile, act everything is normal. Ask a employment letter with job title and current salary (say, you want it for trip to Canada or renewing your DL or some 'genunine' reason like that.

    Apply.



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  • sankap
    07-10 02:51 PM
    Exactly! And thanks for clarifying that, which is what I've been trying to convey for the past 2 days! In your cook example, though, the cook can be self-employed with no income in a given period (week/month)--and he does not need to line up contracts. His business is "legitimate" and is in the same occupation as on his I140 petition. For an RFE-EVL, which he can write on his business "letterhead," all he needs to mention is his "projected" yearly income as salary.

    Lot of discussion on self employment w.r to AC21. Here is my thought. To use AC21 w.r to self employment one need not open a company. One can even do simple business model (sole proprietorship) in line with the definition of self employment as per IRS. IRS or Labor department is the one defines the �self-employment� not USCIS. Having said that, one should have a legitimate business and paper work and contract to prove.

    Let�s see a simple example. A restaurant applied an I-140 for a cook. This cook wants to use AC21. He need not open a new restaurant and employs himself as a cook. A cook may not afford to open a business. He may not even require registering a business. All he needs is obey the sole proprietorship /independent contractor definition as per IRS and pay all the taxes and do the business as per rule. In this business model, if he lined up few long term contract with two or three big hotels to provide cooking service, or even provide cooked food from his home, and making similar income as per I-140, that will be enough to claim AC21. All he needs is legitimate self employment as per IRS rule, and good paperwork to claim that, in case of RFE.

    Independent Contractor (Self-Employed) or Employee? (http://www.irs.gov/businesses/small/article/0,,id=99921,00.html)




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  • alterego
    03-08 05:15 PM
    I agree that now their spillover policy is more horizontal than vertical.
    Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
    Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
    On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
    Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.



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  • CADude
    08-01 01:06 PM
    Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.

    Now # of applications are more so it can take more time but your RD will be maintained.

    Hope this helps...

    yes several people are in this situation (including me) but haven't seen any checks cashed for any such case.




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  • fundo14
    05-30 03:07 PM
    http://www..com/discussion-forums/i485-1/122557139/page/1/

    I was planning to land tomorrow and read this on , I guess, I might not be landing.

    This sounds very scary.. I may also give up canada PR




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  • bheemi
    06-21 02:04 PM
    I would request as whole us know that CIR will not comeup this yeat..I would request if there is any plan IV is mkaing in this regard. I dont think waiting until end of July and then proceed for new bill is good way...

    I would request to look for some alternatives from now itself..atleast filing 485 under retrogression and 3 year ead/ap..

    any thoughts about this?




    ub27
    07-24 08:56 AM
    Paper filed at TSC on May 22, 2008
    Service center: TSC
    Last LUD on May 29
    No updates since.
    Currently working on EAD and exires in Sept 2008

    ----------------

    Just called the service center and reply I got back was weird. Apparently their case status viewing system is down and will not be up and running for another 1 week. So, no info as of now and call back in 1 week :(




    alias
    08-18 01:45 PM
    I don think this issue concerns you. So , with all due respect, please BACK OFF.

    Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!



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  • aj1234567
    10-04 06:16 PM
    Hi
    Any body got finger print appointment letter who filed on Aug3.
    Thanks
    AJ




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  • plakshmi
    08-31 12:08 PM
    I see the priority date for caydee as March 2006 from the profile.. Does this mean, USCIS has already started processing cases that are going to be current from September 1st??




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  • swissgear
    08-25 10:00 PM
    Not sure if its a BREAK or no Visa numbers...

    On a serious note, there have been 4 cases approved today(from other site - 2 cases from India and 2 from ROW). So looks like there are some ROW applications also in queue during this time of the year getting approved. I saw someone from EB2-ROW getting 485 approved (filed 140/485 concurrently) in a record time of just 30 calendar days(Filed on July 26th and approved Aug 25th). Never heard USCIS was so efficient.
    Looking at the positive side, since they are still approving ROW cases, it may mean that spillover is still happening and there are visas available.




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  • GCStatus
    09-13 09:04 PM
    Folks

    First of all, ask yourself the following points before continue reading.

    1. Do I need a Green card at ANY cost ( Any cost = Waiting for yrs, Not willing to risk any other options, afraid to raise issues, not pinpointing flaws )

    2. Willing to fight for justice.

    If you chose the option 1, please stop reading further and good luck.

    For the option 2, here we go.I am new to this web site and it seems there are approx 70k people here and lot more outside. Huge enough to create miracles.

    Just to remind ourself who we are. We are Highly skilled LEGAL immigrants. It not only means we are skillful but it also means we pay every damn tax which is out there. We pay for welfare. We pay for unemployed. We pay for pensioners. List goes on. We pay fees for every application processed by USCIS ( Labor, I-140,I-485,I-765,I-131 etc etc ). We pay rent. We buy cars. We buy houses. In short, we are nothing but GOLD to this economy.

    However, this one department called USCIS is literally toying with us for yrs now as if we are slaves or we are obligated to them. We dont want anyone to do us any favour. We need justice.

    Friends - I have self respect and i wasn't born chanting Green Card. I AM going to face them, confront them, demand them to provide justice, if not I want them to REFUND every penny i have paid so far. If this "I AM" becomes "WE", half the battle won. TOGETHER WE STAND, VICTORY/JUSTICE FOR ALL. If you are still hesitant, you made a bad choice of choosing option 2. Please go back to option 1.

    ITS ABOUT TIME.

    Latest

    We are making great progress on this and glad to see tonnes of positive responses. For the people who are viewing this thread first time, please send your name, e-mail, ph number and the amount you are willing to contribute ( in case of a lawsuit ) to man-woman-and-gc (http://immigrationvoice.org/forum/member.php?u=24869) who is graciously collecting information for us and adding them in the below spreadsheet. Next steps on the way.

    http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en# (http://spreadsheets.google.com/ccc?key=pgWehhQEb3jqwsRC8fcKLTQ&hl=en#)



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  • JImmigrant
    08-31 02:23 PM
    How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.

    Get well soon




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  • mirage
    03-07 10:23 AM
    Good point, has anybody asked this to any lawyer ? Can we challenge this in court ? This is the definition of judiciary review...If we can proove the country cap to be unconstitutional..

    Judicial Review is when the Supreme Court reviews an act of Congress to see if it is Constitutional.
    Judicial Review is the power of the Supreme Court to declare a law unconstitutuion (violation against the laws of the Constitutuion).


    Anything that has language to exempt from quota is bound to run into severe resistance. However one thing here in US is to challenge any ambiguous negativity in courts. Has there been any instance of challenging country quota in the court as discrimination as some people brought it up earlier. Remember laws can also be changed through courts also, not just legislation.

    Even though we are far from Citizenship test, I know there are 3 branches of government,
    Judicial, Legislative and Executive.

    We do not seem to have much hope in the Legislative(Senate/House) and Executive(president) what are the chances of using that approach.



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  • eb3retro
    06-07 12:56 AM
    the lawyer is taking his own sweet time to file it.




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  • axp817
    09-11 08:19 PM
    Received the card production ordered email today.

    TSC paper filed, RD & ND - July 23 2008

    Soft LUD on July 27 2008

    Approval - Sept 11 2008

    Receipt notice starts with SRC08231

    Hope everyone else gets theirs soon.



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  • mhathi
    08-01 01:12 PM
    We are in the same situation... This will be a good thread to track receipts for cases specifcally like ours. That way, we will know at least when the first batch of cases will be transferred to TSC.




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  • pcs
    02-09 08:33 PM
    I am sending $ 20 ...

    Please keep sending emails to all members and encourage them to chip in regularly..



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  • belmontboy
    02-09 03:39 PM
    @buddyinsd

    I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?

    Terrorists are banned from visiting USA.
    Narenda Modi has been banned from visiting USA.

    You do the reasoning :D




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  • dilipb
    07-30 03:28 PM
    I applied for EAD on 06/18/2008
    Receipt Date 06/20/2008
    Not received it till date!

    My friend applied on 06/04/2008
    He got 1 year EAD on 06/30/2008.
    This is because they were trying to approve as many EAD cases as possible, so that they can earn money next year too.
    They probably did this because its a fee based organisation.



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  • Znan
    09-02 11:03 PM
    My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.

    Thanks,
    znan

    Hi All,
    I got mine and my wife green cards on 21st august, Thursday.
    Our case was approved on August 12th.
    According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.

    Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)

    The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.

    Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.

    Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.




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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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  • govindk
    11-17 03:16 PM
    Done.




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  • yadav
    08-28 11:34 AM
    My application reached Texas August 10th.
    Check cashed :NO
    Receipts : NO



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  • GCStatus
    09-14 04:19 AM
    No single person can do this alone. A big group like IV should / must sue USCIS.

    Welcome aboard Friend - We certainly are




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  • fightnow
    07-11 02:24 PM
    Can anybody point me to the other thread about quotes from American president? I could not find it.
    Thanks a lot.




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  • Rohan99
    02-01 03:43 PM
    according to movie, India will be better place because we can make to the arks in Himalayas faster. From north America it will take longer time and we have to find Yuri to get ride. Astrophysicist Dr. Satnam Tsurutani, who discovered solar flare in India, was among the dead, he didn't make it to arks.



    :D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D




    gccovet
    08-26 11:07 AM
    On July 15th I have filed for renewal of EAD for both of us, today I got approval email where as my wife status says received and pending and NO LUD either. Infact she needs EAD as she is been working on EAD and it expires in October. I am on H1. Why like that? My PD will be current from September as per September bulletin.

    AJ

    My husband's EAD was approved last week. I filed both the EADs (for me and him) together in July (Receipt Date: July 30th). My application has no LUD so far. His EAD was approved last week. This is just weird. When both the applications were filed together why look at one and not look at the other?

    your spouses will get their EAD approvals in week to 10 days for sure.
    GCCovet




    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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  • ksita48
    11-18 10:46 AM
    Sent to VA Representatives.




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  • vinabath
    04-22 03:16 PM
    Non-compete are notoriously hard to implement.


    Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.




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  • vicks_don
    04-21 09:50 AM
    Thanks. We are also looking for feedback from members who have already done this and any limitations and problems that they have faced. From employer point of view as well as your own point of view.

    Has anyone done this more than 1 times?

    How much % salary increase have you taken while changing jobs?
    How different was your job description and profile?

    What are the list of limitations that your own lawyers have given you that has limited you in your professional growth?

    The answers for this questions would really help. Any one who has done this ?

    Thanks




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  • ragz4u
    05-02 10:45 AM
    The �SKIL� Bill
    Short Title: Securing Knowledge Innovation and Leadership (SKIL)

    Title I � Access to High Skilled Foreign Workers

    Section 101. H-1B Visa Holders
    Exempts professionals who have earned advanced degrees (e.g. Master�s degree or higher) from accredited United States universities and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual H-1B cap.


    Section 102. Market-Based Visa Limits
    Raises the H-1B (specialty occupation) cap from 65,000 to 115,000 and creates a flexible system that adjusts with the market.

    Title II � Retaining Foreign Workers Educated in the United States

    Section 201. United States Educated Immigrants.
    Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience in the United States from the annual green card (i.e. immigrant visa) cap.

    Exempts professionals who have earned advanced degrees in science, technology, engineering or math, and who worked in the U.S. for at least three years in a related field, from the immigrant visa cap.

    Exempts spouse and minor children of professionals from the employment-based cap. Under current law, only about fifty percent of employment-based visas go to actual workers.

    Section 202. Immigrant Visa Backlog Reduction.
    Raises the immigrant visa (i.e. green card) cap from 140,000 to 290,000 and allows unused visas to fall forward annually.

    Exempts aliens of extraordinary ability, and outstanding researchers and professors from the annual green card limit.

    Section 203. Student Visa Reform.
    Many employers seek to hire U.S. educated students full-time upon graduation, and this change would enable the employer to start the green card process while the foreign worker is on a student visa (F-1) during Optional Practical Training (OPT). Codifies OPT; which will allow U.S. educated foreign students to work in their field for up to two years after graduation.

    Section 204. L-1 Visa Holders Subject to Visa Backlog.
    Allows an extension of an L-1 (intracompany transfer) visa beyond the fifth or seventh year if the individual has a green card application pending and is simply caught in the green card backlog. This extension is currently allowed for H-1B (specialty occupation) visa holders, but not for L-1 visa holders.

    Section 205. Retaining Workers Subject to Green Card Backlog.
    Allows foreign workers who have started the green card process, but who are subject to green card backlogs, to pay a $500.00 supplemental fee to file an application to adjust status. This change would enable foreign workers to remain in the U.S. until the green card becomes available.

    Title III � Business Facilitation Through Immigration Reform

    Section 301. Streamlining the Adjudication Process for Established Employers.
    Requires the creation of a pre-certification program that streamlines the adjudication process, and reduces paperwork burdens, for employers who file multiple applications and who have no history of fraud or abuse. Pre-certification would allow those employers to file a petition on a separate review track and not submit repetitive organizational documentation.

    Section 302. Providing Premium Processing of Employment-Based Visa Petitions.
    Requires USCIS to allow employers to file a �premium processing� fee for expedited adjudication of employment-based immigrant petitions, as well as for administrative appeals of any decision on an employment-based immigrant petition.

    Section 303. Eliminating Procedural Delays in Labor Certification Process.
    Requires the Department of Labor to process all applications filed prior to the electronic PERM system within six months of enactment. Clarifies the Department of Labor�s process in providing prevailing wage determinations and requires the Department of Labor to establish a website to post open job orders.

    Title IV. Miscellaneous

    Section 401. Completion of Background and Security Checks.
    Requires that no immigration application may be approved until the appropriate background and security checks are completed and any allegations of fraud have been resolved.

    Section 402. Visa Revalidation.
    Allows temporary workers who have not violated their status to renew their visa from within the United States.

    Section 403. Severability.
    Clarifies that if any part of this act is determined to be invalid it will have no effect on the remainder of the provisions.



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  • anilsal
    08-13 05:36 PM
    It is a hard fact but I guess I do not want to scare anyone. If you notice some people have got their JuLY 2ND filed cases receipt # and most of them have a Notice date of 08/04/2007 (the guys who got their receipt #). This notice date is the day the Receipt was generated. So today is 08/13/2007. It seems that USCIS is delaying this process of issuing receipts as that will give them a chance to reject applications after 17th. So I guess we should brace ourselves for rejection notices also......

    Keep your chin up, guys. You have to understand that there must have been a large number of applications arriving in the USCIS basket. Things will take time - so will the receipts. Do not lose hope.

    Why worry about things for which you have no control on? You certainly can control your actions. Maybe contribute to IV in money, time etc PLUS also show up at the rally and sign up a bunch of your friends. Action is the only solution to Worry. :)




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  • willigetgc?
    02-25 01:25 PM
    Donated $50 via paypal
    Your transaction ID for this payment is: 0AD43776BW681541E.

    Will be donating 20,000 Delta skymiles as well coz will not be able to make it to DC (though I wish I could)

    have you sent pm to vin13? please make the task easier for the volunteers and pledge support in the right threads...
    participation in the advocacy thread
    contribution in the contribution thread
    airmiles, carpool and hosting in the airmiles, carpool and hosting thread.

    If you have already done so, many thanks.



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  • buddyinsd
    08-31 01:24 PM
    Stop being a racist. Even if it was intended to be a joke...its a sick one for sure.

    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D




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  • desi3933
    06-28 01:49 PM
    Thanks gc28262 for your contributions to this drive. I request others to pitch in as well. We can discuss the nitty-gritties till we bleed. But that won't achieve anything. It will not stop the minformation being spread. We have to collect enough evidence and present it to the media. 4-5 job ads is just the beginning, we need a collection of few hundred to prove this is the prevalent trend.

    Borrowing line from your signature -

    Truth Will Set You Free


    Good Luck for your endeavors.


    .



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  • chanduv23
    07-09 03:34 PM
    Two things
    1. Consultant can be part of job title and/or duties. Key thing is that job must be permanent and full-time.
    2. PERM can only be filed for job that are permanent and full time.

    .

    I have talked to few people who do self employment. This is what they have to say.

    "As long as the job duties are same or similar, it is fine",
    "You must be a W2 employee of your firm"
    "The key is constant business and income - which can be proved via paystubs and/or contracts - in case it is requested for"

    I am also trying to do some research on this.

    A lot of people do go for self employment so no need to be scared as long as the employment is legitimate.




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  • GCforme
    01-30 04:57 PM
    And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???

    :rolleyes::rolleyes:

    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.



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  • GCStatus
    09-15 04:18 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.

    Well said MadhuVJ




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  • GC08
    07-08 05:11 PM
    unfortunately more than 80% of backlog elemination is completed, so labor substitution even though it is removed from july 16 has already done its damage. scores of people have already done labor substitution.

    How come they did not stop the substitution right away? Instead, giving it another month. Wish they gave the visa bulletin another month. :cool:



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  • amitjoey
    11-17 04:51 PM
    Pappu
    Running this thread to thousands of pages alone is not gonna help us. Do you guys have a conference call where I can join and take up some action items?
    IF IV has to throw its might behind this bill we need to:
    -Reach out to ALL lawmakers, target who are susceptible (Sen. Brown from MA for example)
    -Use phone calls (Can we have a mass phone campaign)
    -Radio shows (Do we have a Radio show in Washington DC where IV can get Air time. I am sure lawmakers do listen to Radio shows)
    -Email (what this thread is about right now)

    Good points.
    I am sure IV Core is working on all strategies and will open a phone campaign at an appropriate time. Phone campaign will only work when the bill is taken up on the floor.
    Also, most lawmakers only pay attention to their constituents, sending emails to lawmakers other than the one representing you has little value.




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  • gc28262
    06-28 09:33 AM
    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
    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.



    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


    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?



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  • justAnotherFile
    07-02 09:31 AM
    Type: Package
    Status: In Transit - On Time
    Scheduled Delivery: 07/02/2007
    Shipped to: DALLAS, TX, US
    Shipped or Billed on: 06/29/2007
    Service Type: NEXT DAY AIR


    still waiting...UPS has said it will be delivered before 10:30 AM EST if it is a business




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  • PDOCT05
    09-10 03:04 PM
    Follwoing user name person got his check cashed.
    "rajvepa"
    His appication reached at NSC 11:14AM and signed by F HEINAUER

    Is your checks got cashed?



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  • gcspace
    10-12 03:27 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

    Can you please give some details on sending delivery notices to CIS Ombudsman office. Address ? Fax ?




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  • stillhopefull
    08-31 12:07 PM
    no receipt notice yet. Checks haven't been cashed as of this morning.




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  • desi3933
    07-10 10:57 AM
    Link to EB-1 case where I-140 was denied because job offered was not "permanent".

    Link
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

    As per this document

    Pursuant to regulations at 8 C.F.R. 9 204.5(i)(2), "permanent," in reference to a research position, means either tenured, tenure-track, or for a term of indefinite or unlimited duration, and in which the employee will ordinarily have an expectation of continued employment unless there is good cause for termination..




    h1techSlave
    02-02 04:46 PM
    that is some good advise.

    I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))

    I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.

    Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!

    So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.

    So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!

    - abhisam




    guchi472000
    04-30 09:54 AM
    http://www.immigration-information.com/forums/showthread.php?t=4285&page=53