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  • senthil1
    12-10 11:22 PM
    This could be one side of story. There were other posts which was mentioning about some fake resumes given by some Indian consultancy companies. So all those are isolated cases and we cannot take into account. I am seeing lot of hard working Americans and Indians as well. Also a family person with 2 kids cannot spend 12 or 16 hours per day compared to Bachlors(Most of the Bachlors who are spending 12 to 16 hours are H1b persons). If assesment is done based on that then that does not make any sense. Then do you thinkyou need to fire more than 35 year Old people and recruit 25 year people That is not American way. This country for long time Top rankholders as well as school dropouts also could survive and Lead a decent quality of life. I knew lot of Indians most of them gc holders and some H1b also those who were just average in skills had tough time in getting job between 2000 to 2004 because of more number of H1B people and also economy was bad. So there is no surprise some Americans also might have similar situation. But past 2 years everybody I knew were able to get job and survive well. This is because of economy and also because of limited H1b. But Corporations are asking too much h1b(unlimited by 20% automatic increase every year and exemption for MS people). Certainly that will kill the demand in job market and bring down the rates. I think H1B increase should be compromise between demand and supply. Otherwise there is going to be huge opposition. Congress cannot only favor Business. But as a Senator they have to take care of all groups of people. There may be a possiblity that H1b increase may happen but EB relief may not happen not that much strong lobbey from Business compared to H1B. American companies lie Micosoft, Intel culd not get H1B people because Indian consultancy companies grabbed all the H1bs in first few weeks of April and May not because of numbers. So that is a differentind of problem




    Beleive it or not I found this posting in http://www.steinreport.com/


    My 8 selfish American colleagues almost costed our company a $1.8 million project, simply because they could not cancel their preplanned trip to Bahamas. They went on their trip despite being warned 8 months in advance by our boss about a possible tough period during the critical design review of the project by the customer during the month of December.

    My 5 hardworking H1B employees helped us out with the project resource planning,allocation layouts, financial statements, project planning and estimation analysis. 3 of them cancelled their trip to their home country just to save our business.

    My boss is absolutely incensed and is going to fire these workers once they come back from their vacation.

    Agreed that they are not expected to work more than 40 hours per week but during tough times their should be a certain sense of committment and solidarity towards your employer which was clearly lacking in my American colleagues.

    According to my boss the current generation of American college graduates is the laziest he has ever seen and clearly ill equipped to handle tough job assignments during a time of crisis. He is lobbying very hard to get the SKIL bill passed and increase access for American businesses to global talent.




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  • gc_bucs
    03-28 02:08 PM
    Thanks dingudi. If you know of a solid case where someone was RFE'd because of landing while on 485, then it looks like I might seriously consider abandoning it as well.

    One last question: Let's hypothetically say that I do decide to land and somehow manage to get back into the US without any issues using my AP. However, every subsequent time I leave the U.S. and return, I run the risk of getting "caught" at the POE with regards to the 485/Canadian residency conflict. Am I correct in this assessment?

    Again, I appreciate your input immensely. Thanks!

    I landed on March 17, 08 and came back the same day to the US using Automatic Visa Revalidation. I had no questions asked either by Canadian or US authorities. When you land the Canadian authorities will staple a piece of paper to your PP as proof of PR until you get the PR card. While re-entering the US I remove that stapled paper as it was very annoying every time you opened the PP. Nobody will question you just because you have a plan B.




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  • dpp
    07-28 03:09 PM
    As far i know in the whole world, nobody thinks about the group unless it is beneficial to himself(herself) first. This is natural human mentality, there is nothing wrong in it. Only exception is "Saints". I don't think we are Saints.

    The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers

    No one can claim to be 'superior' by virtue of their EB classification and take refuge under the current system by preaching that "it is what it is, you accepted it, so play by it!". What a sudden love fest for a system that you cared to fix not too long ago? So, what changed? The sudden realization that there are a few erudite and vocal EB3 I's that can speak their mind and ask the difficult questions?!

    Willwin is a rare gem that could see the point in my earlier thread ... Others, my post is not 'ugly', it is the reflection that you see when I hold a mirror up to you. Dont like it? Dont blame me.

    Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.

    Dont worry. Sleep easy, no one is going to call Ron or a shrink. I have exposed the duplicity that defines your being ... and you can rest easy knowing that your sense of 'logical reasoning and moral outrage' cannot stand scrutiny on a simple b-board, let alone a court of law ...

    Lets get together to help fix this problem. Let EB3 I's find their voice and make the appeals that they need to. They DO NOT need the approval or outrage of EB2's trying to protect their new found turf. Get the drift?

    Many EB3 I's have waited 5+ years in dead end jobs and possibly single incomes only to see EB2 come hither and walk easy. No jealousy or blame. Just the hard question to those that holler back "dont complaint EB2 was meant to be a higher category" ... want to respond to a "higher calling" ... i.e., holding up your petitions to objective scrutiny not prejudiced by narrow goals?

    After all, one would find that MOST work done by EB2 I's does not really require a Masters degree. Just ask a high school Java whizkid.

    I rest my case and will not waste my time responding to emotional outbursts or getting dragged into the cesspit of poor logic. Got it?

    Peace!




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  • Ahimsa
    10-25 01:13 PM
    ... Our stand alone SKULL bill - not sure whether that will be considered by Democrats. Democrats will probably address the Dream Act before they take over the SKULL bill...

    ... Yes, but the immigration hearings already happened. People already have a clear indication on what the public wants. Lou Dobbs is still out there reminding them...

    1. Why do you keep mentioning SKIL bill clearly as SKULL bill in all your posts?
    2. Did people clearly indicate they did not want reliefs for EB immigrants - did they accept Lou Dobbs' lies on H-1B such as "H-1Bs do not pay taxes, are cheap labor, are stealing american jobs"?



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  • gjoe
    10-09 06:43 AM
    It would be more effective if not effecient. You need not wait until the year end to issue visas, visas can be issued using a mathematical model which would allow old PD filers to get a visa ahead of others as soon as his case comes in and other criterias are fullfilled. Basically no one needs to wait for filing I485. People with old PD will get visa numbers first as soon as they enter the application.

    You're kidding me...How is your suggestion more efficient..????
    So they should keep sorting and moving visa numbers from one application to another based on PD.??
    if thats the case they would have to wait to give GC on the very last day of the year...




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  • PDOCT05
    10-01 02:51 PM
    Ship (P/U) date: Jul 2, 2007
    Delivery date: Jul 3, 2007 9:03 AM
    Sign for by: R.WILLIAM

    No receipts, No checks cashed, jut nothing.
    My attorney said that they would be following up on weekly basis and will be using the congressional liaison if they need to.

    I am also in the same boat called USCIS today ...she asked me to call back in next monday or check daily for checks cashed or not.



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  • girishvar
    08-10 09:59 PM
    I only got CPO on 8/8/8 and soft LUD on 8/9/8/


    My husband received CPO mail on 08/04, welcome mail on 08/05, soft LUD on 08/06 and approval notice sent mail on 08/09 but dated 08/08 in USCIS status. Hoping to have the GC in hand next week.
    Anyone who has the same chain of events or received GC for CPO mail on 08/04 or later?




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  • amitjoey
    07-09 04:57 PM
    Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.



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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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  • neverbefore
    08-29 11:57 PM
    take your 485 and 140 receipts.

    Just thought I will share my Infopass experience.

    I had an appointment at 1:30 pm in LA. Reached there in time but had to wait at the tail of a long line despite first asking the security person about the location of Infopass entrance (assuming there was one).

    The same guy announced after 10-odd minutes that Infopass people should follow him to a door and so we did. The clerk at one of the windows inside took a long time and then asked us to take a seat and wait to be called.

    We got called in 10 minutes and this clerk now said that for our case, we needed to be sent "upstairs" but since it was already past 2 pm and we had "so many files" (3 to be exact), we needed to book yet another appointment for an earlier time slot! Impressive!

    We have done that now and hope to get some insight next time around. Funny that nothing about 2 pm is mentioned anywhere when booking an appointment for Infopass.
    :rolleyes:



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  • vagish
    07-08 12:38 PM
    Previous years Oct Visa Bulletins doesn't look encouraging at all, EB-3 India moved by a week and other categories move by a month or 2. With USCIS taking huge no. of applications in june'07 the future of oct'07 seems to be pretty bleak, It is quiet depressing. We surely need this legislation of ability to file 485 even if visa dates not current.
    by the way,
    lawsuite and all will never get us to a point where we want. nobody can force
    the state department or the USCIS to forcefully accept 700K applications, and then for next 20 years the dates will be struck. specially for people who have been waiting since 2000,2001 and 2002 cannnot be clubed together with people who came in 2006 or 2007, that is going to be fairly injustice and they know that.

    I think it will be better to focus our energy on legislative changes or else nothing will get done, no body can push 700K applications down to the throats of USCIS when that have already exausted the quota.

    better focus on contacting senators or house members to get some legislative relief.




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  • eers
    07-09 03:12 PM
    emailed below to Houston Chronicle

    Dear Sir/Madam

    I am one of the skilled, legal applicants affected by the recent "Flip-Flop" of visa bullentins by USIS and DOS, and we are planning to protest against this decision the USCIS in a unique and peaceful manner - by sending hundreds, if not thousands of flower bouquets to the director of USCIS, Mr. Gonzalez on July 10th.

    Please refer to the attached press release for more information

    http://docs.google.com/View?docid=ap9x7pmvk6s_32c3khvg

    More information about this initative and the current f iasco is available at http://immigrationvoice.org/

    This is probably the first time when skilled, legal professionals are participating in an event like this at this scale and it goes to show the level of anxiety in the community right now. Would you be willing to write about this event ?"

    If we can provide any more information, please contact me or the email address provided in the press release link.



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  • nixstor
    07-07 10:51 PM
    My vote goes for DC on 7/14. Many people like me might have already used their time off recently to get a medical exam and paperwork for I-485. I live in Baltimore area and simply cannot make it to DC on a weekday. If I lose my job I won't get a green card - as simple as that.

    If there are others in Baltimore area who would like to join the action please don't hesitate to contact me. We could car pool and get together to make signs. I'll also try to gather some friends, although it might be tough on a short notice - almost everyone is on vacation.

    I dont need to tell you how DC looks like on a weekend. None but visitors. Your boss must be really cruel to let you go for ever if you need to take half day off. Just joking :) Go ahead and create a poll with all possible options and then you can figure out what is the best option




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  • sammyb
    02-14 09:49 AM
    Team IV,

    Good job ... I do recurring contribution and will do $100 for the DC Day :)...



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  • GCStatus
    09-15 12:15 PM
    Hi GCSTATUS...can u please update your first post in this thread..the new people looking into this thread may not be able to go thru all the posts and will not know what's going on......

    Just did




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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:



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  • vikki76
    09-29 11:30 PM
    Interpretations from website http://www.usvisahelp.com/nw_vol4_iss7.html
    6. Porting to Self-Employment

    USCIS has surprisingly taken the position in the memo that foreign nationals may port to self-employment. However, there may be difficult issues of proof involved: the foreign national will have to prove the legitimacy of the self-employment; and will have to prove that the I-140 petitioner intended to employ him or her upon the filing of the I-140 petition and at the time of filing the I-485 application (if not filed concurrently). The foreign national must also have intended to undertake the employment upon adjustment. The most difficult proof issue will be showing that the I-140 petitioner intended to employ the beneficiary upon I-140 and I-485 filing. This is difficult because once the foreign national ports, the I-140 petitioner may be less than willing to provide evidence of its former intent. However, the memo also states that the I-140 petition and supporting documents are prima facie evidence of the employer's intent. But in appropriate cases, additional evidence will be necessary. The memo does not say what those "appropriate cases" will be. If additional evidence is required from the I-140 petitioner, it will likely be very difficult to obtain.

    7. Timing of New Employment Offer

    A foreign national cannot still be looking for "same or similar" employment at the time the I-485 is being adjudicated. This indicates that it is acceptable for some time to lapse between leaving employment with the I-140 petitioner, and accepting a new job offer in a "same or similar position." However, if the I-485 is adjudicated before a new employment offer is procured, the foreign national is out of luck.




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  • kopguy
    07-21 12:41 PM
    I do agree severely retrogressed folks do need some concessions and I appreciate guys like Sanhari highlighting this issue. I think we should mobilize the opinion and assert it in a positive way. IV core members have a lot of experience in dealing with the DC system and USCIS let us take advantage of this so that we are not reinventing the wheel.




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  • gsc999
    03-26 06:27 PM
    Man, this website relieves my stress as it makes me realize that there are people whole lot depressed than I am , and it puts my life into perspective. Stress is only a state of mind.
    For you sir, please live up to your username and cheer up. First thing you need to do is make a baby, everything will fall in it's place, trust me.
    ---
    Well, I agree with your partially. Not with the baby making part. There are other avenues where we can channel our mind. In this case, volunteering for IV, especially now will be fruitful.




    harpomarx
    07-10 01:04 PM
    Can anyone do a cartoon and we can post it on the internet?

    How about a caricature of Gonzalez holding a sign as follows:

    WASHINGTON�The Department of State has revised its July Flower Bulletin to reflect that all available flowers have been allocated for fiscal year 2007.
    As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to send flowers (Form I-356937) filed by aliens whose priority dates were current under the original July Flower Bulletin.
    U.S. immigration law limits the number of employment-based immigrant flower receipts that may be issued each fiscal year.




    anzerraja
    07-20 12:31 AM
    mani_r1

    Thanks Very much !!!

    Count me in for $100.



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