sareesh
10-29 10:36 PM
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
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smaram1
08-17 10:35 PM
Can you please tell me what should we write for this question?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
svgupta
05-15 12:14 PM
I think they have to pay the minimum wage as declared in their petition.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
Having a different category of visa sure sounds good.
However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.
Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.
I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.
But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...
Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.
Having a different category of visa sure sounds good.
However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.
Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.
I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.
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GCaspirations
09-20 09:52 PM
Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.
more...
regacct
04-14 01:13 PM
I thought immigration issues were the responsibility of federal govt. Can states pass immigration laws? Whether it is unauthorized aliens or otherwise?
if the states can take actions, why are we banging our heads with the fed?
if the states can take actions, why are we banging our heads with the fed?
logiclife
12-28 02:38 PM
Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
more...
radosav
04-02 03:38 AM
also just now sent fax # 11
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chanduv23
07-06 03:54 PM
New members please fill in your contact information. Please help IV and help yourself. Spread the word of IV among your friends
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vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
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gc_on_demand
11-21 11:29 AM
Dear Friends,
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.
We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
(2) then we did good job for 2 year of EAD
(3) Now AC21..
but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.
Good start and let me know if you need some help on this campaign.
As per yesterday�s floor summary (access link below), the House of Congress has been adjourned and this marks the end of the business activity in the house of the110th Congress. House will re-convene at 11:00 a.m. on January 3, 2009 and that will be the first session of the 111th Congress.
Floor Summary: http://clerk.house.gov/floorsummary/floor.html
3:02 P.M. -
The House adjourned pursuant to H. Con. Res. 440. The next meeting is scheduled for 11:00 a.m. on January 3, 2009.
HR 5882 introduced in the 110th Congress will no longer valid for consideration in the 111th Congress and a new RECAPTURE bill has to be introduced in 111th Congress with the same contents of HR 5882 in order for us to obtain some relief.
I think we should start our campaign now itself, targeting Rep Lofgren, Zoe [CA-16] and Rep Sensenbrenner, F. James, Jr. [WI-5], for the RE-INTRODUCTION of the RECAPTURE bill during the first week of the 111th Congress.
Also, it is very important NOT to campaign for the expansion of the scope of this bill at this point of time as that will make this bill to get ignored and become a reason to add the whole relief measures to a Comprehensive Immigration Reform bill which may take 1-2 years to get passed depending on the political landscape.
We should ask Hon. Zoe and Hon. Sensenbrenner to introduce this as an emergency relief measure and try to get this passed during the first quarter itself.
Once this bill gets introduced, we could request all previous Co-Sponsors of HR 5882 to become Co-Sponsors of the new bill.
So at this point, we should send mails to Rep Lofgren, Zoe and Rep Sensenbrenner, F. James, Jr. encouraging them to re-introduce the RECAPTURE bill.
Let�s keep HOPE alive!
I was pushing it for week. I tried to email her. It didnot work out.. On her website if you are not from her constitute it will not allow to send message. I called her office to and lady asked me details first like name , address and she said I should call my local rep. Also she didnot give any details on HR 5882. I was asking support from some member from her consitute and get the thing going ..no one showed interest. People are busy on AC21 thing. I think its good for them but doesnot matter for me who didont even file I 485.
We are in such a minority in terms of immigrants. 12 mil Illegal Vs 500k legal ( who are waiting for visa ) Out of that who knows how many we are on this site ? may be 10 % or less.. and people starts campaign for AC21 which brings number even smaller. How can we get success... We should think broad. The whole point of this was forum should be for every one. I know we had done a progress. (1) We did good job on July fiasco. only helped those who were waiting for filling 485.. ( may be 90 % of population of this site . )
(2) then we did good job for 2 year of EAD
(3) Now AC21..
but this is helping only few % of us. and becoming less and less as some senior members get GC and leave site.. In order to attrack more and more people we should be broad. Our primary goal should be Backlog and increase visa .. Unless congress increase visa nothing will happen to backlog.
Good start and let me know if you need some help on this campaign.
more...
485Mbe4001
01-31 12:49 PM
if any GC applicants are contracted to write new code for their system, please remember to insert some logic to 'take care' of the visa number distribution algorithms :D ...( just a joke)
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
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aadimanav
08-22 02:07 PM
spread it for each month = 272.
number of families per month (assuming 2.5 persons per family): 109 :(
No wonder dates don't move......:confused:
number of families per month (assuming 2.5 persons per family): 109 :(
No wonder dates don't move......:confused:
more...
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roseball
07-02 03:45 PM
Roughly around $500 spent.....
Stress undergone to gather all documents and file on July 2nd -- Priceless
Stress undergone to gather all documents and file on July 2nd -- Priceless
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am4gc
12-30 09:05 AM
Longq,
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
Are these info are based on good guess? If not, can you provide us some link, or attach jpg with highlighting relevent facts.
Because, till 2005 there were extra 100,000 (total 242,000 were issued) recapturd numbers available. Therefore, no one cared (DOS/USCIS) about AC21 law that removes country quota. EB2 were curren for all then.
more...
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sheela
11-29 07:49 PM
Does it mean FBI has to clear/decide the case in 120 day time frame and If it fails to report back, uscis is free to adjudicate the aos
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akhilmahajan
08-31 07:40 PM
We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
more...
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manojp4
04-01 08:17 PM
both faxes sent to WA senators.
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yabadaba
12-28 11:19 AM
how do I avoid that scenario?
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
If I send some information to USCIS that I am invoking AC 21, they would not allow my employer to revoke I 140?
as far as i know, you cannot avoid that scenario of the employer withdrawing I-140. You can speak to them, but there is no way you can guarantee what they do. Your boss may agree but ur corp lawyers or HR may have different ideas.
just make sure u document everything including ur ac21 request to uscis. mayke sure u have an attorney on record who will file ur ac21...if u want to be supersafe.
as long as u have the documentation and correct letters from your company, even if they have a rfe on ur case, u can provide documentation...if they issue a noid or deny ur petition, ur lawyer can help u file a mtr (motion to reopen/reconsider) and resolve it for u.
i am not speaking from personal experience but from what i have been reading on the forums for a few years now.
on the plus side u will have hundred if not thousands of ppl invoking ac21 in the next few days...so uscis will be well aware of the law, clauses, etc when it comes time to adjudicate urs.
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vhd999
12-20 04:43 PM
I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.
For a second, I thought you were joking. When will we start owning our problems.
For a second, I thought you were joking. When will we start owning our problems.
jthomas
07-19 11:19 PM
Start looking for another job. Get back to H1B and get your wife back on H4. there is nothing as important as personal life.
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast
If you need help in finding a new job mention your skills in this thread maybe someone can help you.
Act fast
waitnwatch
11-17 12:47 PM
Discover does not issue a credit card if you are not a PR or citizen..even though you have good credit history..
Yeah! except that they do....the first time I applied a long time ago that was the reason assigned. A few years down the road they invited me...someone called me and sure enough there was the discover card in the mail!
By the way my mortgage interest rate was a tad bit higher because of my non-immigrant status. My mortgage broker at the bank told me exactly that.
Yeah! except that they do....the first time I applied a long time ago that was the reason assigned. A few years down the road they invited me...someone called me and sure enough there was the discover card in the mail!
By the way my mortgage interest rate was a tad bit higher because of my non-immigrant status. My mortgage broker at the bank told me exactly that.