Thursday, June 30, 2011

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  • eb3retro
    07-19 07:24 PM
    the above poster summarized it very good. here are some of my thoughts..

    1) we can come up with a formal letter (standard one) which is well written and can be faxed to USCIS director or emailed.
    2) we can also fax/email the same letter to ombudsman so that they are aware of this issue.

    in my gut feeling ombudsman is as close as we can get to uscis if we need visibility to this. optionally we can use the same letter to send it to the senators/congressman.

    The letter should be short, precise, upto the point, without any spelling mistakes, well written. if u look at this post itself, you could very well decide that i am not suitable for that job. can someone in eb3-I who has a good writing skill come up with such a letter and so that we can try what ever we can from our end. its every dog's battle here. and if sanyahari is fighting, its his / her right to do so. so what do u say folks?




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  • mariner5555
    05-01 02:07 PM
    lots of labors were sold..god knows how many are in queue by substitution
    I think lot of labor subs guys have already got their GC ..there maybe sizeable number though remaining. in the example that I gave ..these guys didnt even get a decent job ..so they didnt even come to the GC scene.
    also lot of people were having multiple H-1's ..so I am trying to be optimist in suggesting that the real demand may not be that much ..also, because of repeated complaints ..I would think that USCIS will try to push as many EB3- I cases as possible ..so they can show that dates are not severly retrogressed. these are all optimistic thinking points ..as one of my telugu friends told me ..even paan wallah's were coming from hyderabad ...and I guess for their own good 90% of them went back to get oppurtunities in India. many of them were already working in govt positions ..and I guess H1 hiring was almost at a standstill during the last downturn.




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  • sku
    11-21 03:31 PM
    Take a second opinion,
    I had similar situation with my close friend here.
    I was with him when he underwent the surgery, Once Doctor came out of surgury he told me (as I was the only one there and his family was in India) that my friend just had 6 months to live, But later found out that was treatable through chemo and radiation..This was almost 4 years ago, My friend is totally recovered and he got the GC year back and he is working in Mid-west.

    So don't lose hope in GOD.




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  • nsrinivas
    09-11 04:10 PM
    My applications ( I-140; I-485; I-765) were mailed on July 27th to NSC and they had acknowledged received on JULY-30th as per the mail delivery confirmation.

    Today I recieved a note from my lawyer that the receipt notice has been issued for all of my applications.

    Phew that was a relief as I was about to leave to India soon and was worried about travelling without the receipt number.



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  • vbkris77
    05-01 03:30 PM
    If our interpretation is correct, how many of you are willing to sue CIS??




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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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  • GCmuddu_H1BVaddu
    09-09 07:44 PM
    is there any way I can give myself red?

    so called active member!!!!!!. Did u wake up after your PD is current and looking for suggestions??? ha. One of those hippocratic persons.
    I am talking to you l




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  • prince_waiting
    08-13 11:58 PM
    I filed concurrently for I140 and AOS by sending in the application packet today. My lawyer suggested that even though the USCIS receives the packet tomorrow but are not able to receipt it before the 17th they can reject the it. I am a little confused about his advice, can anyone please provide a clue and sooth my nerves? It would be a tremendous obligation.



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  • ski_dude12
    08-26 03:13 PM
    Not sure if I got your question...

    You can file I-485 only when your dates are current. If you filed I-485 by itself (not concurrently with I-140) then your PD will not be on the I-485.

    is this pattern (missing PD on I-485) for people who've PD current and not got greened?




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  • HelloGC07
    08-03 05:10 PM
    Hello Gc ,

    Did you see any change in the update Date on I 140 ?Just want to check when they will update the Date on I 140 when moving from NSC- TSC


    No LUD on approved I 140



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  • mmanurker
    02-15 02:27 PM
    Donated $100...

    Your receipt number for this payment is: 4620-5387-3448-6682




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  • shreekhand
    02-02 12:52 PM
    Nobody is holding them back and that is the very reason they are planning to go back... got it ?

    Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!

    I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.

    Looking at the numerous corruption scandals and making a hoopla about it or relating it tightly to the ancient family values (that India has) that one can give to the children is quite narrow minded. For that matter I can make a big list of scandals in almost every country. There were numerous scandals in 80's and 90's in India - that didn't affect the kind of right values my parents imparted in my siblings or I. I can say the same for my several friends.

    Things are in constant flux in any country - while the divorce rate, teenage mothers, suicide rate was very low in the early 1900's in the US, it went up by orders of magnitude in the last 50 years. Teenage smoking was rampant in the 70's and 80's it went down dramatically after that.

    People wanted to free themselves from the rigid value system and hence the 1960's and 70's hippie movement - what did they do - drugs, sex and alcohol - didn't go anywhere (remnants of which we still see in the US "culture") ! They turned themselves to service, philanthropy and spirituality and found a new way of looking at things - great things have happened thro' the initiatives of these Americans.

    Having a static view of things is really claustrophobic and is a seed of frustration and negativity. Generalizing everything is even worse.

    To understand the culture of India, you need to scratch deeper and assimilate it.

    I couldn't have agreed with you more...When I meet people and they say Indian Culture is great, India is Gr8, the life here is boring and kind of nonsense I don't understand Y they are here of course for better life and money. Then Y keep on complaining about the things in life..no body is holding back others to stay here.

    I really don't understand what culture they talk about....

    @least here I don't need to bribe of simple things like getting my DL license, House registration, Going and meeting a senator, legislative. I don't need to explain to 10 people around my house if I go out and come home late night. These are just a few... I'm 100% sure I would not spend as much as time I spend with my family now excluding the weekends. I can't imagine going early in the morning at 7.00 and coming back home at 9.00 PM watch TV, eat and get to bed. On top of that go to work on weekends deal with relatives, neighbors, colleagues etc etc. Of course How can I forget the CASTE SYSTEM which is becoming as some people call the nation has developed. I cannot imagine my kids growing i the environment where CASTE SYSTEM is so prevalent.

    Well that is me and everybody have their own opinions. And good luck to all you want to move or stay.



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  • BharatPremi
    12-15 11:09 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    A: I suggest you to have a trip in India and visit some places like Dharavi,
    Mumbai. If you do not want to go to India, Just take a trip to Brooklyn, NY
    You will see lots of souls in a such condition, you will start feeling better.
    I would not say this is nice way to feel good but that is the qucikest thing
    I can think of. What I mean to say is do not feel hopeless as you are in a
    way better condition than millions. And those millions have not lost hope
    and faith. Yes, you do not have GC so I also do not have GC. I do not
    have assets like what Bill Gates or Anil Ambani has. So now I get a good
    reason to depress and feel hopeless. Should I start feeling depressed?
    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    Ans: World history is full of events when people have done and made success
    against all odds. Have confidence and faith in yourself. Stand up to
    challenge the problems and entities who impose the problem on you.
    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Question: Have you done anything good for India or planning to do any good
    for USA? Or it is always about yourself?
    Have invested too much of time in this country to just pack up and go.

    Q: As per your claim, India has not done good to you with comparison to USA.
    Are you planning to go back to India after packing up? Just curious.

    Just curious if any of you feel this way? How do you handle such depressing feelings?


    See the answers and hope my answers do not depress you.




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  • delhiguy
    07-08 05:25 PM
    she can say whatever. the courts have to agree.

    if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.

    not that the constitution was against slavery.


    H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.

    Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,

    If USCIS denies GC for security reasons, you cant sue them.



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  • GC4US
    08-29 11:51 AM
    hi GC4US

    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!

    Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.

    Your help would be highly appreciated![/QUOTE]

    Thank you so much nagsen0,

    Could you please give that link with the FAQ 1, 2, 3?
    I feel a little bit better now.
    I would like to see that source.
    Thank you again




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  • GCard_Dream
    12-11 11:07 AM
    I thought "Staying the course" was not an option anymore.. that's from the Iraq study group, democrats, and the president himself. Motto now "We need to change our tactics". :)

    Seriously I think we need to do the same and pursue the non-controversial goals first and then attempt the Home Run.

    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    I forgot to say that I am going full speed ahead and staying the course.



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  • americandesi
    04-22 02:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.

    http://www.news.com/Body-shop-must-pay-fees-in-H-1B-lawsuit/2100-1017_3-256477.html

    Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "

    http://www.murthy.com/news/n_filrem.html




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  • doshhar
    07-07 02:38 PM
    I have initiated the similar discussions on Murthy. Please take a look this thread and reply to that thread.

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=6341054251

    We should do something and this is the right way to show our unity.

    We can also gather students from different universities (as they will going to suffer the same pain as us).




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  • mannan74
    08-27 10:42 PM
    I-140 Filed 7/12/07 (Pending)
    I-485, I-765, I-131 Filed 7/25/07 (Ofcourse pendin)

    Dont know if checks cashed as it was sent by my company lawyers.

    No Reciepts yet for either of them, atleast not yet updated in my employee profile in company.

    Thanks




    raj2007
    06-23 09:42 AM
    I think -- may be.. it will make some difference.

    on uscis site: contact us: I got this email address.

    uscis.webmaster@dhs.gov.


    I sent an email saying that - for Employment Based immigrations the employers are not willing to given the required document like employment letter, as they fear the employee may leave using AC21 after 6 months. This puts the applicant helpless after waiting for so may years and when the dates are current. Can USCIS do something about this? The only thing what most applicants have paystubs to prove the continuous employment.

    It will make a different if USCIS receives emails like this... in thousands?
    here's my 2 cents.

    There are still some labor subsitution available. Lot of desi company want to use them before 07/16 oherwise they willl lose everything. Tell ur employer that you are getting labor subsitution and just ned to change ur h1. if you are not going to issue a letter in 2days, I have my options open.

    it may work.




    chanduy9
    07-10 11:17 AM
    If you ordered your flowers through FTD, can you check your status and let me know which delivery company (UPS, Fedex etc) they are using for your order and what is the status of your order?





    The delivery company is ups..below are the details...


    Tracking Detail | Help

    Your package is on time with a scheduled delivery date of 07/10/2007.


    Tracking Number: 1Z 31E 8R6 03 0022 484 6
    Type: Package
    Status: In Transit
    Scheduled Delivery: 07/10/2007
    Shipped To: WASHINGTON, DC, US
    Shipped/Billed On: 07/09/2007
    Service: GROUND
    Weight: 5.00 Lbs



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