Saturday, July 2, 2011

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  • gbof
    09-09 09:13 PM
    Oct09 VB is awafully disgusting for my EB3 friends. Call of the day -- try out all possible options to improve your chances (EB2, if after so many years you qualify) and INTENSE lobby efforts for recapture by roping in all friendly employers and congressmen. Running away will not improve the lot.......




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  • chanduv23
    02-17 11:35 AM
    I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad.
    Of course many of these expectations cannot be satisfied in a honest non profit.

    A dinner for a family costs $50 easily.
    A movie for a family costs $50.

    The mindset is incepted deep inside and it is extremely difficult to change.

    Sometimes, I see people wanting to do something, but their spouses don't allow them to.

    When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....

    People carry such mindsets, it is difficult to bring about awareness and change.




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  • BharatPremi
    11-01 04:55 PM
    Guys,

    Here is my understanding. Please add your suggestions and opinions

    Goal: Use AC21 safely to achieve GC

    Addressed Parties: Applicant( "A")
    Current Employer(Comany X - "X")
    Client of current Employer (Company Y - "Y")
    Future Employer (Company Z - "Z")

    Prerequsites:
    ------------
    Good Relations with X
    ----------------------

    Documents to be asked for:
    --------------------------
    1) 181 Days wait period
    2) "Intent to hire in future" Letter on the last day of the job
    3) Copy of "Employment Letter" submitted for 485
    4) Copy of certified labor
    5) Copy of approved I-140
    6) Original 485 receipt and original receipts of AP and EAD if applicable
    7) Original pay stubs for this 181 days period

    Bad Relations with X
    --------------------

    Documents to be asked for:
    --------------------------
    All above. Copy of I-140 approval (Or just LIN/SRC No would do too),
    Labor certification number and copy of 485 receipts ARE MUST.
    Paystubs anyway you will get. In case if "employment letter" is not
    given then try to take "Reference letter" from Y which depicts you
    were working as a X's consultant with title "Job description --matching
    Job Code" from this period to this period (Last day of your 181st day)

    Things to be taken care of at Z side:
    -----------------------------------
    1) Have H1 transferred first if want to be on H1. Otherwise use approved EAD
    2) Have offer letter with start date (182nd day), with "Same Job Code" with
    your 485 is filed and written commitment of pursuing GC from where it was
    left without any condition.
    3) Have commitment of direct communication with lawyer
    4) Have employment letter secially prepared for teh use of AC21 having start
    date, Job code, title, job description and commitment of future continued
    employment
    5) Send AC21 notification letter alongwith employment letter of Z, paystubs
    from X through Z's lawyer.

    Thanks.

    AM I MISSING SOMETHING?




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  • tabletpc
    12-16 08:51 PM
    Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.

    With an EAD and approved i-140 i can't use being single.

    had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.

    All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!

    But i am not depressed.. i have accepted this has another options for myself.

    Consider u r self fortunate to have not got stuck like me....!!!



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  • zoooom
    07-19 07:20 PM
    ThinkTwice , very valid points.

    May i also take a minute to thank you for staritng the original thread on this issue. We would have never come to know about this issue otherwise. Thanks !

    I have requested Zoooom to do the same in the other thread and Zoooom is working on it. Thanks Zooom !
    Done...
    I am not sure what our target is but I have mentioned that I will monitor this thread for 2 days and depending on the number of people interested, we can set the limit and per person contribution. Lemme you if you have a better idea.




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  • kondur_007
    07-28 12:50 PM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance.

    From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???


    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?

    Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...

    I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.

    An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.



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  • desi3933
    01-30 05:23 PM
    You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.

    Show me the information on official web site and I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • mirage
    07-08 11:01 AM
    People have been thinking that all along and have been lying motionless like a crocodile doing sunbath. USCIS have been retrogressing the Visas and at the same time consistently wasting Visa numbers every years. Shouldn't they have already been sued for that. We'll not do anything today just because it take 2-3 years. But what if they screw us again after 2-3 years. Dodn't you think we should keep fighting for injustice even if the benifit may not come to our generation but should pass to coming generation. If every body will become so much short sighted nobody would care for global warming, alternative eneryg options etc...
    if it takes 2 or 3 years to fight this case, what is the use



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  • abracadabra
    07-06 09:15 PM
    We are 33 people ready just you all should say GO. I can make a congregation 100 easily




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  • sumanitha
    01-30 03:58 PM
    What�s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It�s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representing false?

    People like you are the ones who are dividing the community.

    I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.

    You have given a nice and neat reply.



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  • ThinkTwice
    07-11 04:43 PM
    I have mailed you the information.

    Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.

    - Sampath Gadamsetty




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  • BrazilianCitizen
    06-12 06:09 PM
    My attorney is taking his owwwwn time.. Could there be any reasons for this?

    He is usually very prompt and quick to act. But this time, he is taking forever to file my I-485/EAD/AP..

    What's wrong with calling him up and asking?



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  • gauravster
    07-08 04:30 PM
    You are incorrect on multiple accounts.

    But, before going there, let me ask you this. What is your legal reasoning to dispute the case you have mentioned?


    .

    The legal reasoning is "Civil Rights Act of 1964" which applies to all individuals employed by a US employer in the US and to US citizens employed by US employers outside the US.




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  • NKR
    04-23 09:26 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.

    Tell me what wrong he did for him to apologize and I will apologize to you. When nothing is permanent he worked with them for 1 and half years, he got them 4 employees. Why in the world should he apologize?.

    When you say that you will not need your clients you are wrong. when I was searching for projects I got a chance to apply to a job opening in one of my previous client, guess what, the start to my second stint was smooth just because I had a good rapport with my client and they liked my work. I even got one of my team mates in my client place to give me a referral for my higher studies.

    "Your ex boss is not a bad guy, he knows you are leaving for better opportunity".He is not only a bad guy, he is evil IF (note the big IF) he is keeping the money which is not his. Their conscience should prick when they feed and give excellent education to their kids with the ill gotten money.


    Unfortunately one might need his ex-employer in future (might not always be the case) and that is the irony of it all.



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  • EB2_Jun03_dude
    11-28 07:49 PM
    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    This morning I received USCIS email alert for both my wife and I.

    My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details.

    My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview."

    I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

    1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
    2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
    3) How much time will I have to respond to the RFE? Based on the new guidelines (http://www.murthy.com/news/n_timrfe.html) , I expect that to be stated in the RFE letter.

    thanks in advance.




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  • psgupta9
    05-23 04:39 PM
    SORRY Fellas, I cannot send this out unless the provision for H1b nenewal be added to it. I know IVs main concern is reg the backlogged GC cases, however, I would request that future of the H1b should also be addresed. I now feel that even contributing to the IV was a mistake because you are not taking a broader view of this issue. Please try to include the clauses affecting H1bs also in your letters. Particularly simple technical aspects like renewing H1b beyond the 6 years period is a MUST and one of the things that can be MOST easily achieved if asked for.
    Guys,
    The H1B renewal beyond six years is very important. People's Labor has been Pending for 5 years or more. Mine has been pending for over 4 years now, and I am already on 10th year H1B.
    The Section 419(D): which talks about AC21 for renewal is really important.

    This Bill is being done, to help people who have not followed a single rule, and this thing is going to have people waiting in line, to be removed from the process is really unfair.

    This should not be allowed.



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  • mariusp
    02-15 09:11 AM
    I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!

    Call them a lot of us did, when we got moved from one center (receipt notice) to another for processing. You should get a FP notice soon after you talked to them!




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  • nashorn
    08-12 03:50 AM
    On the same boat. I140 approved at TSC, 485 filed at NSC on 7/2, nothing yet. Can we get a poll here? Thread is so long already.




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  • desixp
    11-18 02:34 PM
    Done




    vkjanam
    02-18 12:23 PM
    Hi Sukhwinderd,

    This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.

    regards

    Vkjanam

    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.




    ryan
    02-21 10:10 PM
    http://immigrationvoice.org/forum/2301599-post1.html

    Done! I just want to say, your efforts and drive, are incredibly commendable. Thanks.



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