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Kamis, 30 Juni 2011

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  • looneytunezez
    11-17 05:36 PM
    Sent email to senators and congressman for both me and my wife.





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  • bingl
    08-20 02:50 PM
    Approved today !

    Had raised a SR for dependent on 5th August . Got standard reply .....initial review, wait for45 days....
    Infopass on 10th Aug - was told case is pre adjudicated
    Opened SR on the 11th of August for primary . ....Have not yet got any reply for that.
    Today got email - Card production ordered.





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  • english_august
    07-07 04:09 PM
    Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

    We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

    Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
    People who said that they will send the flowers only if IV core supports it - please send flowers asap.

    BTW, I am curious as to who first proposed this idea.





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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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  • ssusarla
    09-06 01:15 PM
    Fellow people in line,

    My 485 application was received by TSC on July 16th. Intrestingly there are threads that are tracking applicaitons from July 2nd to July 13th and July 17 to Aug 17th? What is wrong with 16th? Are there are one with the same receipt date here?

    regards,
    -Suresh





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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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  • CADude
    08-27 12:47 PM
    it's not mine case. Clockwork reported some LUD for I140 some where. May be Aug 5? Not sure. But I think LUD of I140 doesn't matter. This is my personal opinion.

    Congrats ! Any LUD on your application?





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  • kg318
    04-24 10:18 AM
    What wrong he did? Nothing illegal but certainly not the best practise. Atleast he has been insensitive to his former employer.

    what in the world makes this insensitive. h1b employees are not the bonding labours to the employers. If the employee leaves the company within 2 or 3 month after all the pain company had taken like spending for h1b filing training or providing placement, then that would be insensitive. After 2 yrs of serving, if the employee wants to look out for something better, employer shud make the exit smooter. And some else said earlier that its only employees who force employers for GC. i do not think so. If u see any advertisements posted by desi employers, the packages come along with GC process. they highlight GC point to attract the employees. yes it is true that most of the employees look out for GC for settlement. but that doesn't mean they force their employers who are not ready to do it. they might choose someone who offered GC process as a part of the package they r offered in the first. in such cases the chances of employers who do not offer GC process to get h1b's drop down drastically. thats the reason they offer GC.
    Also GC makes long term commitment between an employer and an employee.
    Everyone knows how long GC process is gonna take. So for all the yrs h1b's r holded to their employers, which is definetly making the employers business lot more easier. so why in the world an employer especially desi's wouldn't want to file GC?????



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  • jags_e
    07-07 11:01 AM
    Though they didnot break any law in writing, they had the intent to not give any relief to people who are eligible to apply in july as per the old bulletin.

    The intent itself is ulawful.

    Alos in rushing to use all the visas, they might have given visas prematurely to applicants who had no clearence.




    The only thing we could do guys , is to get a lot of media attention , make the whole world know about our problems....
    If we dont get the GC yearly number increased for India , we should plan to go back,..
    How long can i wait to file 485..
    I am pretty much sure( i wish i am proven wrong) that the Lawsuits are not gonna help us.
    They did nothing wrong legally , its a tradition that DOS doesnt change the visa bulletin in a month..ITS NOT A LAW.

    The max we could get from a lawsuit is damages(financials) , and as USCIS is a fees funded organisatiom , its gonna come back to us

    In one way we should be happy that the USCIS is cleaning its internal backlog,





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  • rsayed
    03-07 09:41 PM
    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:

    Different things work for different people - whatever works for you or engages your time/attention, indulge in it in most of your spare-time and try to divert your "screaming" energy, constructively...

    I know it is easier said than done - but, this is life and no one said it's going to be easy...

    One of my friend always says "The best security if the money you have in your bank a/c". Rings true...:)



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  • vinabath
    04-23 03:34 PM
    any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter

    why in the beginning he chose a desi employer and signed a non-compete clause?
    why did not get his H-1 done with PF?

    every one( desi employer and h-1b employee) have weaknesses and strong points.

    H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.

    I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.

    I thought of starting a desi consulting firm and realised it is a lot of pain.

    Desi employee

    1. wants 80% and may be 90%
    2. bare h-1 cost
    3. bare gc cost
    4. bare insurance cost
    5. pay salary on time
    6. pay umemp, ss taxes

    in addition to the time employer has to spend time to do all the above tasks.

    end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.

    end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.

    it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.

    how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.

    every knows how the game is played.

    another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.

    another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL

    another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.

    I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.

    Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.





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  • belmontboy
    07-20 02:43 PM
    Guys, Please don't fight.
    We cannot get far with this EB2 Vs EB3 fight.

    We understand EB3's situation, however pitting one against another will not help.

    Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.

    I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????



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  • pallavan
    09-26 10:29 AM
    & who'll change it....pu55ies like u?

    Wow... such eloquence from a "highly skilled worker" ! Truly impressive indeed :)

    BTW, for that poster who was imagining a single line, open your eyes buddy. There are indeed two lines. Higher qualifications gets you into the shorter one. You can fret and whine all you want but you cant change the fact.

    Porting PDs is a silly concept as others have pointed it out here. Its the law for now but wont be for long. Get over it.





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  • bijualex29
    05-01 09:57 AM
    I called there office but no clue what SKIL bill is about (Washington DC).
    Can any one explain the source of this bill.



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  • guchi472000
    03-26 09:41 AM
    My PD is EB2 Nov 2006.





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  • sankap
    07-09 11:58 PM
    @desi3933:

    1. From tax standpoint, W2 means the company (which could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. In fact, many staffing companies give you the option of working on a project or 1099 or W2. (Of course, the advantage of working on W2 is you can "transfer" your H-1B, if the company is willing to do that. But the advantage of working on 1099 or LLC is that you can deduct your business expenses, as a "Self-employed" or a Corporation.) Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. True, your I-140 petition is for a "permanent" (definition needed) and FT job, since the sponsoring company has (supposedly) an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen many "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Likewise, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    7. On the link you cite, OFLC Frequently Asked Questions and Answers, the process for filing PERM is explained. The employer needs to fill out the Application for Permanent Employment Certification form. The PERM representation requirement does indeed say that "The job opportunity is for full-time, permanent employment for an employer other than the alien." First, how to judge a job as "permanent?" Second, just because the PERM has the requirement for a FT, "permanent" job, it doesn't imply that the "permanent" requirement would apply to the AC21 law.

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?

    Sankap -

    Please allow me to explain this in detail. Please feel free to verify this information with attorney of your choice.

    1. W2 Self Employed simply means that one has controlling equity in the employer company. For example - I am employed by corp that is, in part, owned by me since I hold a % of shares. I get paid on W2, just like any other employee in the corp.

    2. Any memo (including Yates memo) supplements the existing federal regulations. They do not replace them. In any case, memo does not have force of law. In case of contradictory info, memo must "bow" to federal regulations and court rulings.

    3. I-140 is for permanent and full time job only. See Page 5 of
    http://www.uscis.gov/files/form/i-140instr.pdf

    4. Also, read this. It says 'Permanent Employment'
    OFLC Frequently Asked Questions and Answers (http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#effdate1)


    5. AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time.

    6. Permanent Job does not mean "forever", It simply means that duration of employment is not known. A job with 6 year contract is a temporary job (since duration is known), hence all H-1B jobs are temporary in nature and called guest workers. A permanent can be terminated at any time, at will, or as agreed notice by both parties.

    7. One is not required to notify AC-21 job, but should e ready to respond to EVL RFE that can come any time.

    8. Most of the full time exempt jobs in this country are permanent in nature.


    ___________________
    Not a legal advice.



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  • satyasaich
    05-02 12:48 PM
    But let me remind you that this seems to be the same provision that S1932 had in the past. If passed as it is, gives some relief for so many people who are waiting to file I-485. but keep in mind that AC-21 should be brought back in, to take any advantage of portability
    Anyway, a good one overall
    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





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  • abhijitp
    07-06 08:50 PM
    --
    - There is an event organized by a Chinese organization, this is 7th July in San Jose. Please see first post of this thread for details
    - Since it is such a short notice for 7th July event, who ever is interested from IV may join it. I will join to show support to the Chinese organization for our cause. You are welcome to join too.
    - IV will organize a similar event on 14th July. We will publish details about location/route/time soon.

    Hope this is clear.

    I will participate in the IV endorsed event on 14th/ 21st July. Thanks for clarifying!





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  • zeta7
    07-21 11:54 PM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.





    kshitijnt
    04-23 08:39 PM
    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.





    hsingh82
    02-25 06:31 PM
    $25 sent by online check.



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