Tuesday, June 28, 2011

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  • h1bmajdoor
    07-07 08:55 PM
    On CNBC:

    Something to chew over -- this is a Secretary of State who won't even admit to major blunders in Iraq, she is not about to admit they screwed up on this.

    but she's right. the US immigration law is extremely detailed and totally unforgiving. the country quotas being applied to employment visas looks like some lawyer gone overboard with putting constraints while writing the law, but now it is the law, and they don't change laws here unless there are votes or lot of money involved.

    that's the way it is written... you should have figured that out before coming here :(

    do you remember the case of the councilwoman who is about to be deported because she came to the US as a 1 year old and never got citizenship - and got elected/voted?

    now where will a person go after deportation, who came here when 1 year old?

    but she is screwed. the immigration law is totally unforgiving.




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  • leoindiano
    02-04 09:25 AM
    I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
    Thanks

    I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.




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  • prashantkh
    07-05 05:59 PM
    Order Number: FNK1819608


    Order Date: Thursday 07/05/2007
    Delivery On: Tuesday 07/10/2007
    Delivery To: Emilio Gonzalez
    Business
    US Citizenship and Immigration Service
    20 MASSACHUSETTS AVE NW
    WASHINGTON, DC 20314-0001
    USA
    2023071565




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  • BharatPremi
    11-21 01:43 PM
    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

    Mehul,

    As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.



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  • logiclife
    05-23 02:35 AM
    Please email all your senators using the text in the quoted box below. Most websites have the contact form page where you can fill out the text box with the message. Copy-paste the message from below. Add a short description of your profession and the number of years you have been waiting for greencard. Dont add too much of your own story, and stick to the message below.

    You can add your own message like "My name is .... and I am from city, state. I have been waiting in queue for greencard for legal skilled immigration for X years. ".

    How to find senator's website:

    Find the 2 senators of your state first and then email these 10 important senators mentioned below. Go to www.senate.gov to find the website of each senators :

    Tip: If you have Google toolbar, then its very easy to autofill your name/address on the websites of senators below.

    Patrick J. Leahy http://leahy.senate.gov/contact.html
    Arlen Specter http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home
    Chuck Hagel http://hagel.senate.gov/index.cfm?FuseAction=Contact.Home
    Dianne Feinstein http://www.feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
    John Cornyn http://cornyn.senate.gov/index.asp?f=contact&lid=1#contact
    Harry Reid http://reid.senate.gov/contact/email_form.cfm
    Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
    Mel Martinez http://martinez.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactFor m&CFID=22272398&CFTOKEN=66357958
    Trent Lott http://lott.senate.gov/index.cfm?FuseAction=Contact.Email
    Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform


    How to find contact email/info:

    Most senators have "Contact me" or "Contact us" menu item. The would either have email address or mostly a web-form where you can fill out a form to send an email. Use that facility.

    What message to send:

    Dont forget to replace [your name] space at the bottom of email text with your real name.

    Put "Legal skilled immigrants to face more backlogs and delays" in the subject line of email. Some Senator's websites have a drop-down list to choose the issue you want to talk about.

    Then copy the message in the quote box below.


    Dear Senator:

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    Immigration Voice (www.immigrationvoice.org) represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of these half a million legal skilled immigrants is subverted by the bill in its current form.

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.

    Thanks,
    [your name]




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  • feedfront
    08-30 12:34 PM
    I've not seen approval from TSC this month. Good luck to all who are waiting and congratulations to all who got GC this month.



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  • webm
    04-30 01:09 PM
    Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...



    This was suspense every time..:(

    Anyone has this info/links to share??




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  • furiouspride
    08-24 07:44 PM
    True, like I still have a EDD letter talks about my first case for GC was filled on Aug. 2001 as wanted to immigrant but what is the use, as I have to file new one as even if I have transferred my employment to my parent companies client, USCIS has no rule to transfer labor process or priority dates until has approved i140, they requires to file new one which surly takes time. And I am sure mostly people completed even 10 years of working waiting for GC have the same issue.
    what language is this bro? :confused: damn!



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  • gcsomeday
    07-20 10:54 AM
    I dont think the admin will make this sticky or put permanently on the home page.

    All, who ever is online at any time please bump this up frequently if it is not in the top 5 on home page.

    ^^^^^^^




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  • diptam
    06-26 03:53 PM
    Good/Bad watever kind of lawyers i deploy they will be costly - but can they win such cases - Do you know of ??

    You can quit after six months and then if taken to a court of law, you can tell the court that the employer refused to give you employment letter and under duress, you were forced to sign the letter. Your other option was to pack bags and leave the country if the employer did not give you the letter. And you can argue that the law lets you change employer after 180 days and hence you are not breaking the law. You can also argue that if the employer had not acted in bad faith by refusing to give you employment letter, you would have continued to work for the employer.

    Ofcourse, you will need a very good lawyer if you want to fight the case on moral grounds (because it may be more expensive to fight the case than just pay the amount agreed to in the letter).



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  • gc28262
    02-10 10:37 AM
    Sent $25 by DCU bill payer: Conf# 8MWJ0-YG7FV




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  • eers
    07-10 06:56 PM
    A simple and easy way to spread this news would be to email the news coverage links to every one possible.



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  • mahujam
    08-04 01:54 PM
    What is your application PD and Category?

    My priorty date is 17th Jan 2003 Eb3(2)-India.
    485 filed on 31st july 2007.
    I also got a lud on my I-140 on 27th of july 2008. It is an approved I-140.
    Has anyone else gotten a lud on their I-140 also ?
    Thanks.




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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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  • sandy_anand
    02-18 02:41 PM
    transaction ID for this payment is: 1V923300P24635823.

    I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!




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  • diptam
    06-22 01:50 PM
    Please keep us posted how you managed your employer...

    I laid out my plan above but yet to execute that :)


    My situation is similar too.

    The employer is not ready to file the 485, thinking that I may leave the company after 6 months.

    I have the I-140 receipt notice , but no approval notice.

    There is no way he is going to issue a employment letter , still debating my options.



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  • LONGGCQUE
    11-17 03:19 PM
    Done. Will be sending messages to my freinds




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  • imconfused
    07-08 11:22 AM
    no it will not be voilation of the law at all. consider this scenario thats been going on for the last 30+ years. For example July 2006 visa bulletin for EB2 india was jan 2003 and the August 2006 visa bulletin for EB2 india was unavailable. EB2 india visa numbers might have already been used up when the August 2006 visa bulletin was released but they still accepted the AOS petitions filed until the end of July 2006, they did not issue an updated visa bulletin or a revised visa bulletin saying eb2 india numbers are used up and they will not accept eb2 india aos applications, they continued accpeting AOS applications until the end of july 2006.

    If you have the patience you can go through the visa bulletin archieves and find many such examples. The point is for the last 30+ years USCIS\DOS accepted applications according to the visa bulletin even when visa numbers were used up, they could have just followed the same precedent that they themselves set for the last 30+ years and accepted the applications this time as well without issuing a revised visa bulletin. I am no legal expert but that is how i see it.

    i agree.. thats being professional and ethical..




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  • Caliber
    07-28 10:21 AM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    A great explanation. Your challenge is good. Those who oppose this, should come forward to check if there are really no qualified US Citizens available for their jobs.

    I know many L1 employees of Cognizant who come on L1 as Managers with just 2 years of Experience and file in EB1. Sad part is few people use Legal loopholes and screw all others.




    snathan
    02-09 09:29 PM
    Dear IV Guys,

    I have been a passive observer of this forum.

    I have done one time contribution of 100$.

    Here are the details:
    Payment details
    Transaction ID: 57T11728MH365274A
    Item Price: $100.00 USD
    Total: $100.00 USD
    Order Description: Contributions
    Item/Product Number: Contributions
    Buyer: Shyam Kishore Kuppu Rao

    Regards,Shyam

    cool...thanks lot for your contribution




    mchundi
    05-04 10:46 AM
    So USCIS should make sure they clear for 2 jobs before they issue one H1 :)
    This thread is specifically discussing the Cornyn bill. I will not put down a lot of irrelevent stuff, but let me say this and end.

    The tone of ur earlier posting may have hurt some people.


    Some of the reforms that happened and some the IV is pursuing will probably help most H4's a long way.
    Earlier (even now for those stuck in PBEC) the labor used to take 2-3 years. With PERM most of the labors r taking 4-6 months. I140 also seems to be very fast.
    Now if every body is able to adjust their status upon labor approval, that is less than a year's wait time for H4. Not a bad deal.

    --MC



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