Tuesday, June 28, 2011

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  • NKR
    04-23 12:54 PM
    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?

    Are you an desi employer by any chance?. Just wondering�

    Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.




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  • rahulp
    09-10 06:20 PM
    In my opinion, we need to have separate efforts for EB3 (now that EB3 I and EB3 ROW are in the same boat). If we have someone with leadership qualities and wants to use some social networking site for discussing EB3 issues and identifying approaches to solve the EB3 issues, there will be many EB3 folks willing to support the effort. Immivoice is just useless portal, it doesn't have open forums and the core folks here don't care for EB3. In fact, their lobbying efforts were behind USCIS changing the rule for spilling over the unused visa numbers to EB2 first. Just my 2 cents.




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  • yabadaba
    03-09 12:40 PM
    another story:

    i have a close friend who has been here since 1991 with no GC. he came for his undergraduate studies in 1991..finished that...got a good job...met a girl...got married...girl was also an undergrad here then went to grad school...then lost his job..girl was still in school...lost almost everything

    then he built his life back..got a job....started working his way up...girl graduated..worked in a small company and then changed jobs..started gc process for the 3rd time...luckily got ead and ap....girl changed jobs...bought a house...retrogression happened....and hes still waiting

    can u beat that...hes been here for 16 years.

    putting off decisions is very easy when it comes to gc...many times u just need to bite the bullet and live ur life. dont get me wrong.. i have put off getting my h1b stamped for over 3 yrs...havent been out of the country for 5 yrs...now i have decided its not worth it and will do it sometime this yr.

    like russell peter's chinese person says "be a man...do the right thing"




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  • reddog
    07-06 07:39 PM
    I still havent received the date when my app was sent(lawyer sent it)



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  • gc28262
    07-20 10:29 PM
    If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
    I have my reasons to stay here which you will never understand.




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  • chem2
    08-14 01:34 PM
    EAD paper filed at TSC.

    Mailed: 7/2/08
    Receipt Date: 7/3/08
    Card Production Ordered Email: 8/13/08



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  • paragpujara
    08-11 09:26 PM
    We got our Cards today along with Welcome notice.



    Yesterday status got updated for me and my wife as below:

    Current Status: Approval notice sent.

    On August 8, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    Hope I will receive GC soon. Haven't got CPO mails/status yet.




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  • sriteam
    07-10 09:40 AM
    http://www.twincities.com/business/ci_6336222



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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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  • reddymjm
    05-05 05:30 PM
    You will be current for sure in the Jun visa bulliten. It will be in some where in 2007.



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  • rkg000
    07-20 02:45 PM
    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...

    I think I am now quite clear about the cause of all our backlogs :D. You said it dude, people who see their issues resolved are less likely to contribute. I guess by the same argument it is safe to assume if EB3 were getting approved faster, they would be contributing even less, as are EB2 right now, right?

    Whoever said EB3 is lagging behind because they are not contributing is a fool. We all are lagging behind because we all are not contributing enough. None of the IV efforts resulted in only faster EB2 movement. So it is foolish to think that IV contributions are going towards only clearing EB2 cases. IV efforts resulted in greater transparency for all of us. If we don't unite and keep bickering this way, you know where we all end up.




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  • GCapplicant
    07-27 10:09 PM
    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.

    Hi Dpp

    kindly dont use hell ! jealous , these type of words are not required for any argument.
    If you want EB2 I to get the visas and move forward...it will.

    I understand u r EB2 ....EB3 I is frustrated...like how you want ur GC its the same line EB3 I is also.

    The guys from EB3I have been waiting all these years.

    Its the DOL's mistake for the delay of labor approvals ,hence the visa wastage.Otherwise this backlog for EB3 I woudnt have been there in the first place.

    The two years standard gap would have been maintained there for EB3 I and EB2 I as usual.

    When there is no movement ,this will be the reaction for the EB3 I people.

    When you are eager for yr Gc ,the same rule applies for everone.

    There is a big block EB3 row in between -so dont say all the visas were taken by Eb3 I only.

    Did you know the visa flow earlier?

    I never knew.People learn by experience.

    These frustrations are not jealousy...Eb3 I is suffering and waiting for a solution.

    kindly dont under estimate anyone's feelings.Every family here is undergoing pressures and agony.

    I participated in the mail campaign... We are fighting for the lost justice.

    Let us team as one and work best.Ever one deserves their own share.


    I am not here for any argument.



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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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  • a1b2c3
    06-28 03:30 PM
    like desi*3* pointed out, its good to get a lawyers' opinion. if this was illegal it is unlikely that corps would do such postings in such numbers.

    unfortunately, H1B is often the last choice in tough economic times (of course the job skills will continue to be an overriding factor) which hurt some H1B workers the most. Personally, holding a job was very difficult for me during the dot com bust so I understand the pain.

    But there is very little to be gained by copy-pasting dice ads in IV forums . we have also seen such ads during the the dot com bust when software industry was down. what's so new here?

    and by going to the media, you are going to incite more anti-indian feeling. an indian gets equated to a job stealer in these times. people don't bother to instrospect over what exactly has ruined the job market.

    at times its good to lie low instead of making impotent noises. just my opinion.
    choose wisely. finally, each to his/her own.



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  • qplearn
    10-27 08:05 AM
    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.




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  • abq_gc
    08-20 11:57 AM
    I guess, its fair to assume that all of our applications have been really transferred to TSC. Please keep on updating as soon as you guys get a receipt notice or yur checks get encashed.

    Thanks,



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  • akhilmahajan
    02-13 10:42 AM
    Bump...........




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  • satyakb
    02-21 09:38 PM
    Contributed $50.00

    Transaction ID for this payment is: 1JR0904727135042B

    Immigrationvoice.org support is very appreciated.




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  • desighee
    04-21 07:03 PM
    Dear Mehul,
    I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
    May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
    May god bless you and you fully recover.
    Do do try the Ramdev camp once.
    you will fully recover,
    sandeep






    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




    snhn
    09-16 09:47 PM
    Does everyone receive FP notices. Couple of my co workers did not recieve them. I just applied. I have told that my name check is cleared




    TheOmbudsman
    10-30 09:46 AM
    Good morning.

    Yes, I am. That would be a very smart thing to do.

    Honestly, I don't see why NumbersUSA would use our information to develop a counter attack. What we want is straightforward and should be straightforward. Everyone knows who are the senators who listen to our lobbysts. Don't worry with that. Trying to fight against the desire of the American people and sneak in provisions on our behalf is not working. If NumbersUSA is comprised of 200,000+ very active members, chances are they will demolish us every time if we try to go against their desire. This is not like passing the 80's amnesty anymore. The Internet out there has proven to be a very powerful democratic tool on this. If you add provisions there such as temporary increase in visa numbers (enough to take the GC applicants veterans out of this mess) and similar modest proposals which do not increase the number of greencard significantly and coordinate with NumbersUSA, then we may succeed. Believe me I called IV members when this organization was created to explain this, but no one gets it. Persuading certain lawmakers to come up with the proposals on our behalf is the easy part. AILA has been doing this for a long time anyway. As long as you have the money and connections to do so. I am not taking the IV merit away. I do give them credit for organizing the structure and collecting the resources. However, this is not about credits or discredits. Think about it and figure out who actually blocked S.2611/1934 last year. Hint:It was not lawmakers. Note that we should try to come up with provisions enough to minimize the greencard waiting times, not making the priority current for everyone, although that would be obviously ideal.

    It is a reality that you don't like to hear:The American people, in a way represented by NumbersUSA, are the bosses on this. Trying to fight against is really hard. You need to gain their sympathy instead.

    Regards,

    The Ombudsman
    "Your dose of daily reality"


    Are folks on this thread suggesting we contact (communicate our plans to !!!) numbersusa? They are not going to listen to us, I can guarantee you that --- even if we tone down our demands! They might use our plans to develop a more effective strategy for themselves; they hate us from the bottom of their hearts. This is the most ridiculous and impractical thing I've heard in a while.



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