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  • coolstonesa
    05-03 07:04 PM
    Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.

    I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.

    I wish someone can understand our sufferings/ pain.


    I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.

    Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.

    Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.

    All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.




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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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  • desi_scorpion
    08-02 10:30 AM
    Hi, which number did yyou call?




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  • acecupid
    07-03 01:29 PM
    still valid link

    http://www.ftd.com/350/catalog/product.epl?product_id=F488
    http://www.proflowers.com/landingSearch.aspx?pageid=Search&REF=FGVSRCHgoogskwd+online+flowers&NoExitPopup=Y&matchtype=search&KEYWORD=online+flowers&adtext=761026040&network=google

    any vendor is fine. its a token of protest

    I think its important to mention this is a protest of the actions done by them, otherwise the morons might think we are appreciating their work..


    Please make sure this is a protest and your message should convey that. I'm sure the morons would think otherwise if we dont make it clear to them.:D



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  • reedandbamboo
    09-13 09:30 PM
    And to be honest, I don't know what happens if they simply choose to ignore us !! But I'm done with doing NOTHING. I need to let them know what I think.

    On another note, it appears that the US has chosen to PRETEND to deal with immigration (legal and illegal) by endlessly proposing and killing legislation in Congress. This way they're throwing a bone to us (immigrants) while safeguarding their re-election (since they're not approving any kind of pro-immigration legislation, they aren't incurring the wrath of the almighty electorate).




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  • Kodi
    07-24 02:01 PM
    Kodi,
    Was the FP for I-485?
    I am quite sure FP is not requested for paper based filing. FP for you is misleading.
    GCCovet

    In the letter it mentioned I-485. I can't figure out what's going on. Its over 90 days since I filed everything and I thought usually you receive EAD within 90 days.

    I was happy as I thought I'll be receive EAD soon since I did FP. Oh Well. I'm currently on H4 and have been out of work since last Dec and its becoming very hard living on one salary.



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  • cbpds
    09-09 07:45 PM
    Totally agree with you dude, is IV doing anything about this issue?

    Dont bark at not donating, will donate if this issue is given serious consideration as well.

    Getting sick of this movement in dates.

    Illegal guy in US makes more money & without any hassle.

    Trying to stay legally hurts very much for the past 9 years.

    Atleast they should allow to pre-file I-485 so that atleast guys like me (when we missed july 2007 race) can just file and complete the verification process in I-485.




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  • psaxena
    02-09 10:13 AM
    Your transaction ID for this payment is: 32R78275M69540623.
    donated $50

    I will be in India around that time so cannot attend the campaign in person.

    All the best to IV .. hope we get the justice ASAP.



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  • reddymjm
    06-13 04:09 PM
    My one set of checks cleared last friday & other set yet to be cleared. That might be for me or wife, no idea. So I'm waiting.
    How are you so sure that your case checks were cashed & not your wife's just curious.

    Thanks
    GCcomesoon
    You should see the paper copy of receipts in your mail box today as I already got mine monday.Still waiting on my wifes. Was your at NSC too.. I wrote my name on the checks to differentiate. So I knew they were mine.
    My attorney is not organized man. he is #$$%%%^. so worried whether he sent it or not. Is your wife working too by any chance.




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  • abq_gc
    08-18 03:03 PM
    Yes they may be by some people. But the rules of this forum state quite clearly, that cussing is NOT welcome. This website is often frequented by members of the Senate/Congress (not the actual lawmakers themselves ofcourse, but their support staff). Do we really want them to see "highly skilled professionals" cussing left and right on them? No.

    Just because the IV moderators cannot moderate this forum 24/7 does not mean that we take advantage and post garbage on here

    Ok no more cursing... and I agree it wasnt the most sensible thing to do on my part.. but man.. I am frustrated.. and I know so are you but can we please think about it with a cool head and come up with something ????



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  • kate123
    11-17 03:51 PM
    Done.. Thanks




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  • helpme1234
    09-18 07:44 AM
    My appl recvd at NSC on July 3 at 11:14 am by f heuifner anyone on the same boat



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  • VivekAhuja
    03-18 06:36 PM
    By now you should have had your EAD and AP in hand - after FP was done. What was the reason for the delay? Most of these cases got FP notices within 4 weeks of Aug 17th.




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  • sk2006
    09-03 03:50 PM
    Congrats n enjoy freedom
    Just curious: Did you registered/sign up for CRIS mail?.
    I believe it is really a nice surprise if we see the card rather than customary bunch mails.

    Sheela,
    I have signed up for cris mails.
    I do get and did get emails on every update.

    Online status shows the most recent update.



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  • ita
    11-01 04:17 PM
    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.

    You are not informing USCIS about it .
    So just just accept employment from another employer ..just change the job or is there any paperwork involded like transfer of any documents or GC processing ?
    what do you mean by invoking ?

    Thank you.




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  • rchopra
    08-26 04:49 PM
    It seems, you got a better luck than many of us....enjoy!!!


    Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.



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  • gsthantry
    08-14 01:55 PM
    2 year EAD received

    Applied on 7/7/2008
    Receipt date 7/8/2008
    Card production ordered 8/9/2008
    Approval notice sent 8/11/2008

    Actual card received 8/13/2008.

    Lost 2 months due to renewal date starting 8/8/2008 instead of 10/8/2008

    EB2-I
    PD: Mar 2006




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  • alterego
    12-10 12:58 PM
    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.


    This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
    That would perhaps have been true 25 yrs ago when capital was relatively locked in.
    The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
    His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
    Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.




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  • boreal
    12-10 02:58 PM
    pls email the url of the site you mentioned above

    There are two posts from 'Ticked Off' at this link:

    http://www.steinreport.com/archives/009849.html




    Jimi_Hendrix
    12-10 11:25 AM
    He Is Banned!!




    kartikiran
    07-19 06:36 PM
    I have observed in the past whenever an EB3 member brings a conversation of spillover to be used for older priority dates or for EB3 etc, the member has been marked with reds from EB2 members to express their dissatisfaction. Kondur, note that the infighting between EB3 and EB2 has been happening both ways for a very long time and USCIS has been successful in creating this divide.

    Your thought process of change by lawmakers are noted. BTW the traction of EB2 members will always be lost every year around this time as EB2 candidates will end up bulletin watching till it affects that category.

    This is a bitter truth we all have to swallow that between Jul - Sept every year there will be negligible EB2 members participating in IV's action items and on the other hand EB3 members feel that injustice has been dealt to them and end up feeling resigned.

    At least this member sanhari is trying for something. If you all did not observe, he/she was voicing the same thoughts in the EB2-EB3 predictions thread, he was asked to not hijack that thread and was asked to create an own thread which was respectfully followed.

    If we try to go offensive on members who are at least trying to do something than sitting idle, it is a shame. We need more EB2 members also who end up getting their green cards to comeback and support for this fight against EB3 members by contacting lawmakers to get some mass than talking about quarterly spillover etc. Because if the EB3 problems are addressed and we find a solution to resolve this backlog we never have to worry about spillovers or waitimes. But that rarely happens. Everybody wants a solution what works them or to be more precise, exactly till their priority date in their country and category.

    I hope EB3 members start at least join this thread to show the support if not for this idea at least for future action items from IV Core. EB3 members have been passive whereas EB2 are active in predictions and bulletin watching. It really is disheartening looking at the participation or lack thereof in any EB3 threads. I hope we see some response at least...after which maybe IV Core can suggest how to proceed. When there is no participation, how much ever IV Core tries it is a difficult path. Note, IV Core is none other than members comprised with fellow candidates who are also stuck in this backlog.

    Anyway sanhari, you are doing something better than doing nothing. So I commend you for that and I also appreciate how you respected fellow members sentiments in the EB2-EB3 predictions thread to create your own thread and not disturb their conversation. I am sorry I can only green you once for your effort.

    But good luck with your efforts.

    how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.



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