Saturday, July 2, 2011

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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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  • sammyb
    11-21 10:42 AM
    Dear Mehul,

    I was spellbound after seeing this thread and going thru it ... It is something beyond anyone's imagination ... as I saw on Ramdev's program and on Astha channel (www.aasthatv.com), Yoga and Pranayama has cured some of the most incurable diseases... I would request you to try Pranayama ... I have the Ramdev�s Pranayama DVD with me ... pass me your address in PM and I will mail it to you...

    I have nothing else to say ... It is indeed a sad news ... I pray to almighty to give you courage and have faith on your believes...

    Sammy




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  • asdfred
    08-04 01:24 PM
    applied 19th june
    TSC
    paper based
    LUD on 21st june
    card production ordered aug 1st




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  • CADude
    08-27 03:45 AM
    Posted by Clockwork:
    clockwork
    Member Join Date: Sep 2006
    Posts: 63
    --------------------------------------------------------------------------------

    Guys,
    I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...



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  • desi3933
    07-08 10:22 AM
    This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?

    Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.

    http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf

    Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.

    I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.


    .




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  • franklin
    07-05 11:17 AM
    Guys
    this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.

    cmon, arise,awake.

    Sorry - I had no idea what this thread was about.



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  • krishnam70
    07-10 12:12 AM
    The immigration lawyers are talking about the flower campaign! Matthew Oh reported it on his website. So did Bender's Immigration Bulletin. Now this is the latest from Greg Siskind's blog!

    http://blogs.ilw.com/gregsiskind/

    Emilio has made a statement that the flowers will be forwarded to Walter Reed hospital




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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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  • snathan
    02-09 09:30 PM
    $ 799 so far....lets cross $1000 today.

    Come on guys......




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  • miapplicant
    10-01 03:56 PM
    WAC means CSC?? We applied on July 23rd at NSC and no news yet:(



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  • anzerraja
    07-20 08:56 AM
    Thanks vkallank !!!

    I have updated it just now.

    anzerraja , i am unable to access the excel sheet at work. if possible please update / i shall do it tonight.




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  • vinabath
    03-26 11:26 AM
    see above

    If China and India combined gets only 22K every year then all Visas will be wasted.



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  • mk26
    02-01 12:58 PM
    Contributed $100.00 for the Advocacy days in April 2011




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  • VK373
    06-11 05:52 PM
    They sent you receipt before cashing the checks?

    Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.

    Summer....

    I got them in mail from USCIS, Lincoln NE.

    Thanks.



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  • abhatti
    01-30 05:55 PM
    I had to travel back home so I called customer service to find out if I could get FP notice earlier so that I could do FP before departure.
    Called Customer serivce on November 20th 2007, he generated a SR for me and then there was scilence for next 30 days.
    after 30 days exactly on Dec 20th I got a letter saying

    "On 11/20/2007 you, or the designated repersentative shown below, contacted us about your case. some of the key information given to us at that time was the following.

    ..........all the information here for my case/s.............

    the status of this service request is:

    USCIS service center records show that your finger print results have expired or a clearence has never been received. Fingerprints must be taken at the application support center (ASC) in your area. A notice will be mailed to you indicating a specific time, place and date to appear for biometrics processing at an application support center. All supporting documentation/evidence must be submitted at the time of the ASC appointment."

    ever since am waiting for that magical biometrics letter.

    Hope it helps

    Atif




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  • desi_scorpion
    08-01 02:33 PM
    Am in the same boat....485 submitted to NSC on July 2nd....140 pending in TSC. I called the Nebraska Service center at 1-800-375-5283, option 1-2-2-6-2-2-1 and the agent escalated my call ...then was told that if my I-140 was in Texas then the 485 will be tranaferred there. Its taking 6-8 weeks for receipt notices. On asking if transferring will take longer...she said no....will not take longer.



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  • noone2day78
    09-22 05:30 PM
    Received FP notice today. The online tracker says following:

    Current Status: Case received and pending.

    On September 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case.

    My lawyer confirmed that the application was posted on august 2nd 07.

    Can anyone help me figure out when is my receipt date? And from which date can I start counting 6 months to file ac21 ?




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  • delax
    07-27 01:48 PM
    Under the latest interpretation, EB3-I India will not get benefit until EB3-ROW gets benefit. So EB3-ROW benefiting will eventually benefit Eb3-I. That is the logical background.


    The other two issues , which provided temporary relief, would have been redundant If we had recaptured the visas. Most of us, across the EB category/Country, would have been current or near current , rendering these issues redundant.

    IV still went ahead with it (I am glad) knowing fully well recapture is difficult issue.

    So no harm in EB3-I seeking temporary relief while still joining forces on the recapture issue.

    Now you need to explain How EB3-I seeking favorable interpretation of spill over distribution undermines "Recapture effort". How are these related??

    Chmur; I appreciate your post. For the sake of a discussion could you share what is the temporary relief that you are seeking. I am curious to know the details. Is it

    1. Revert back to the vertical spillover rule. OR
    2. Revert back to vertical spillover rule and after EB3-ROW becomes current split the visas equally between EB2-I and EB3-I OR
    3. Keep the horizontal spill over in place but any spill over from EB2 ROW should go equally to EB2-Retro and EB3 (ROW and Retro) category.

    Let me offer my answers to the questions above:
    1. In this case EB3-I is no better off as EB3ROW and EB2-I has to become current before any excess visas can go to EB3-I.
    2. Completely negates the categorization as laid out by law after the initial handout is done equally. Is a hybrid approach where the vertical rule would be enforced so long as EB2 and EB3 (both ROW) are current. But after that a selective interpretation of the vertical rule is sought where EB2-I and EB3-I share it equally. The basis of this selective interpretation appears to be length of wait - nowhere does the INA state that length of wait can be used as a basis for negating categorization of EB category.
    3. Is against the law - read my earlier post. Again selectively uses horizontal spill over till EB2 ROW demand is satisfied and then use vertical spill over to share visas between EB2-Retro and EB3 category.

    I completely respect your right to lobby for change. However I am a little baffled as to how this change can be sought without changing law. Even if the change is approved, I see a strong possibility of a counter EB2 movement to nullify this change. I would appreciate any details from you anybody else on this. Cheers




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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??




    dks
    06-22 09:09 AM
    Stop pushing for a comprehensive relief and turning into a kind of Skil solution
    (Only for a few, privileged minority, an elite), I.V. will be able to organize meetings in a phone booth!

    Why dont we include the illegals in our plan. Now thats what is called comprehensive. A football stadium with people standing outside is what you get.




    pointlesswait
    04-21 09:27 AM
    File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
    i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

    is that a desi consultant!
    I think we need to create a site of all desi consultants and rate them.. discretely.;-)



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