Sunday, July 3, 2011

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  • shantak
    02-05 11:34 AM
    I called my attorney today to inquire about this and he told me that one-third to one-fourth of the applications that he has filed in July are yet to receive the FP notices and he asked me not to worry about it.
    Hope he is true and that we will be getting the FP notices soon.
    I will keep you all updated
    thanks

    Called the service center.Muiltiple times.Opened SR twice still no FP yet.
    Mine is a NSC->TSC case.

    I will try calling them again today.

    what else :-(




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  • minimalist
    01-30 08:31 PM
    don't have the guts to take care of anything person to person. That will only go to show how right the right things you do are. Do you know how a person that never does a wrong thing ( "I always do the right thing regardless of the time or place") threatens that he will bring people who do not belong in the conversation to the conversation to show how capable he is.
    So let me get this straight, in your culture doing the right thing means cuss others using degrading words directed at their family mebers passes for bravery, which is a "RIGHT THING"

    Now, you haven't answered the questio I posed to you about never doing a wrong thing in your life.

    To answer your question on why they need compassion, he tried to get H1 and earn sme money. Now the economy went down and screwed up his visa status and brought on more possible troubles most of them may or may not materialize.

    You can respond in two way. He got what he deserved or help him find a way out of the mess. Mind you he is already suffering in terms of the tension he has to bear with respect
    to continued stay in US.





    And this response is for you minimalist:

    I don't have to call you names on this forum, I can send you a pvt. message cussing at you like there's no tomorrow There is going to be many references to your monther, dogs, their reproductive organs, some more references to your sisters, and all the female members of your family. You are not going to like what you'll read, but that's what you get for calling me names.

    Coming to your point: Who are those people that are facing legal action again? And you're telling ME, that I dont have compassion? Compassion for who? For someone who has faked resumes, filed for H-1B visas w/o a job offer? And why do you think they deserve compassion?




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  • NKR
    04-25 11:16 AM
    the point here is not how long its gonna take. Its sure that they r gonna work if not immediately may be in 3-4 months. and once they see all the proofs(i do have proofs) whole company will be audited rock bottom, all the gc filing will be verified and single loophole is just enough to cause irriparable damage to the company. not only the reputation but i heard they will have a high penalty of 100's of thousands dollars. I have contacted one of the top lawfirms.for the matter of $4000 if the company chooses to do it, its their foolishness. also if they genuinely wanted to enforce non compete they wouldn't have used it as a threat agiainst payments they owe me.

    Its not that I haven't made any efforts to reconcile with my ex-employer. I have tried and still trying to get them to have a civil conversation and settle this. But the more I try, i beleive, they r thinking the more scared i am and are being arrogant by not replying to any of my emails or phone calls. My reconciling efforts are giving them wrong hints i beleive. I am definetly stressed about this,thats true, but i am not scared because of all the info i gathered, I know even they do file a suit, I will be on the winning side. though i have option to go directly to DOL or USCIS and can show all the proofs i have regarding the deductions they have made, i haven't made till today just because of the kind of relationship we had earlier and also concerned about other h1bs who r with the company right now. I dont want their GC's to be in jeopardy. but if employer doesn't make the effort from his side, and pulls the thread till it breaks, i can't help it.
    .


    Dude, I do not know who has given you red dot, you certainly deserve more green dots. I too think the same, if the company had to sue you for violating non-compete, they could have done it anytime, why are they threatening you when you ask for your salary. Either they do not have a non-compete agreement that they say you have signed (since you are not sure about it) or the non-compete has become invalid over a period of time or it does not hold water.




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  • SGP
    11-17 03:39 PM
    Done



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  • godspeed
    07-21 05:46 PM
    Paper filed, and uscis received on jun10
    got our EAD's for 2yrs on July 18th




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  • deepak
    09-10 09:32 PM
    Deepak,
    You are very practical and have excellent points.
    Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.

    I am becoming a donor for the following reasons -
    1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
    2. It is not free to get anything done in the commercial capital of the planet
    3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
    4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.

    Wish us luck and my best to everyone in all their endeavors.

    All the best to all of us. The only way we can make our way out of this mess is by sticking together and helping each other out. IV is doing a good job of rallying everyone around and I think all things considered we are doing a good job of doing the best we can.



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  • Redeye
    08-18 04:03 PM
    What he keeps forgetting is IV is I and We....not EB3 and EB2. It is high time he stops playing EB3 Vs EB2 card...

    This is immigration voice not EB2 voice....

    Hi SunnySurya,
    Good to know that you are still working on that lawsuit ( as a covert operation rather than arguing with other IV ians) but that makes everyone of us feel shaky in joining hands with you in this issue as well.

    The moment (not the day) your interests will get done you will leave hands in this coalition...... Or are you just trying to exploit/leverage someone's 'English writing Skill' or may be use the "IV platform" to use it in own advantage ??

    Look - i've nothing personal with you or against you but i do NOT want to join hands with someone who harbors/nurtures "Divisive Thoughts" in small technical matters like EB2 and EB3 ...

    Thanks and Good Luck !




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  • rk07
    09-21 11:35 AM
    I am in the same boat...with approved 140 from TSC.
    So I believe my case might have been transferred to TSC.


    Ashish,

    When exactly you filed and what center?

    Thanks,
    -rk.



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  • gimmeacard
    09-09 08:58 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.

    Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.

    attempting to divide india is something Brits used cuz of people like you.

    North or South India comes first




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  • morchu
    05-08 01:51 PM
    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    We have to follow the regulation when law is not clear and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.

    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.



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  • jayen
    08-27 03:47 PM
    Applications sent to Nebraska on Jul 11th; received on Jul 12th

    PD - Sep 2005 under EB3

    No receipts or checks cashed yet.




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  • Macaca
    07-08 10:57 AM
    Found this from Chinese website:

    http://www.mitbbs.com/article_t/Immigration/22918275.html
    Is it possible to put IV nicks on persons in the pictures? Thanks!



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  • svinjamur
    07-03 05:12 PM
    I got an email today from USCIS stating this
    Current Status: Card production ordered.

    I did not receive any other approval notice. I hope this means that our 485 is approved and the cards have been ordered ?

    My PD Is May 2003




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  • neelu
    05-23 10:49 PM
    Sent emails to each of the senators listed on the first page of this thread using the forms on senators' websites.

    Guys, it barely takes any time to do these simple tasks.

    Look forward to more participation in all IV campaigns.



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  • BrazilianCitizen
    06-07 01:26 AM
    It is better to take your time and make sure everything is sound, then hurry and miss something.

    Can you guys let me know whether your checks payable to "Department of Homeland Security" has been canceled? They received my application on June/4 but my check has not been cashed yet. I heard your priority date is the date they actually get your money. Is this true?




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  • gsc999
    07-08 02:51 PM
    I agree. I think each of us should commit to getting AT LEAST 5 more volunteers for the protest in San Jose. This could be family/friends/neighbors etc. We also need a poll to track how many will show up on the 14th.
    ---
    I just heard from our Chinese member. They are getting a huge response for this 14th July demonstration. We need more awareness about this event among our members. Please spread the word.

    The place and time is:

    Location: City Hall
    200 E Santa Clara St
    San Jose

    When: From Sat Jul 14, 2007 11:00 am to 2:30 pm



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  • man-woman-and-gc
    09-15 11:36 AM
    GC Status:

    I am seeing that reedandbamboo is considering for EB2 only. We have to include EB3 too for law-suit. I beleive that we will have more than 1000 people if we inlcude all categories.

    I will give 200$( 100$ for me and 100 $ for my wife)

    Ofcourse all categories are included...EB2/EB3, I/C/ROW...anyone who is unhappy with USCIS random processing and retrogression of the dates is welcome to join the fight.

    Whoever thinks they are in: please send ur Name, Ph# and email ID to GCSTATUS or me.
    We are not collectiong money yet..just a pledge. As soon as we hit the required # of pledges, then we start the money collection. This will ensure that it is not one those efforts that starts, but gets buried due to people not participating. If we do not have enough people interested to fund a lawsuit...we don't move forward....simple !!! The helpless situation we have been put into...has to be backed by numbers.




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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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  • legal_gc_seeker
    05-11 05:31 PM
    Guys,

    VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.

    Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.

    I need IV Core help for this.

    I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.

    The best thing would be not to count them in any quota like they do for immediate relatives of citizens.




    malibuguy007
    02-18 03:42 PM
    I disagree. Changes in laws do not happen overnight and any efforts that core is making cannot be made public all the time. If they can get thousands of people the benefit of moving to EAD etc. then I am sure they are working behind the scenes to get more favorable changes done when the time is right. I have faith in their ability.

    Moreover since I am not actively volunteering in any activities the least I can do is contribute. So I call on everyone to contribute for your cause - none of us is doing anyone a favor by contributing. We are DIRECTLY favoring us by making a contribution.

    I guess the reason most of the people are not contributing is because they do not see any strategy going forward. I am sure IV core is working hard on the issues but there is lack of clarity as an organization.When the bulletins come out and dates dont move forward significantly, people start with various ideas ranging from flower campaign to eliminating country cap to EB3 - EB2 portability to ....( Most of them die by the middle of the month).If we look at the past, contribution campaigns have been successful ( up to reasonable extent) when there is a favorable bill on the floor and people see some hope. I remember till last year there was a guy ( I think Chandu13 ) who tried to motivate people for contribution by calling them coward, lazy.....Believe me it never worked...

    So I think it is time to get serious and have some synergy and that might motivate people to come forward, participate and contribute.

    Good Luck.




    sriteam
    07-20 09:24 AM
    $100 from my side. Thanks to IV Core. Waiting for mode of payment...



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