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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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  • acecupid
    07-03 01:30 PM
    Admins this a great concept to protest, how about making this thread sticky. This protest can continue for weeks.




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  • h1techSlave
    06-29 07:58 AM
    The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.

    As per I-9 form
    Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.


    ___________________
    Not a legal advice




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  • mygoodluck
    08-13 03:53 PM
    Guys
    Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28

    can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?



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  • godspeed
    07-21 08:53 PM
    I'm confused!
    I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!
    Now my FP is not done and I am current next month.
    My company does only paper based filing for EAD. (Is e-filing costly?)
    Will I not get any FP notice again?
    I have tried calling TSC and no response after putting a SR. I tried dropping in at an ASC here and they didn't take my FP either..

    Does paper based filing not trigger FP? Is it slower?

    Hmm, urs is a unique case, but as far as i can tell u need to have FP done, that is the process, your lawyers may be able to help, have u contacted them?
    Paper filing is fine and its not slow, usually paper filers dont get FP notices.




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  • whiteStallion
    11-17 09:32 PM
    Sent the email...
    Thanks for streamlining this process which only took a few seconds...
    Kudos to the IV team again !



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  • stillhopefull
    08-31 12:07 PM
    no receipt notice yet. Checks haven't been cashed as of this morning.




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  • 485Mbe4001
    09-09 07:26 PM
    <Rant>There is not mistake, i always feel that there is some @#$hole at the USCIS or state dept whose only goal in life is to get a sadistic kick by toying with the dates. How can these @#$@#@'s not realize that there is a person behind each visa number </Rant>


    Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
    In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?



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  • marty
    05-30 11:57 AM
    Thanks Marty once again.
    I plan to apply for SIN but is it required to do medical insurance, PO box and bank account right now?
    I am returning back on monday and as of now don't know if i will go to canada or stay in US.

    Thanks :)

    Getting the SIN number is important like SSN number in US. You will need it no matter if you will or will not return to Canada. Get a medium size PO box for atleast one year that will cost you around $80-$100 but its worth it. Opening the account is also important. Deposit few hundred dollars so that your account is in good value until your US immigration is done.




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  • snathan
    02-10 10:25 AM
    dcu bill payer needs phone number for iv.
    Can someone post tel# for iv ?

    (202) 386-6250



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  • Lucky7
    06-12 04:51 AM
    Sent in concurrent filing 1-140 & I-1485 on June 1st .

    RD June 4th
    ND June 5th
    All checks cashed including PP for I-140 ON 2nd June 2007.

    I have a couple of questions:-

    How long before i get a answer on Premium Processing on I-140.


    How long for Finger Printing notice.

    How long before i get EAD.

    Can i renew my CA drivers license with I-1485 filing receipt or do i have to wait for EAD.

    Thanks folks and hang in there.( It took 6 years for LC approval).




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  • MYGC2008
    09-09 04:35 PM
    I received 2-emails one 9/5 and one on 9/9 with the same message saying my EAD card production Ordered. I don't know why they have sent 2 emails.

    I am still waiting for my wife's approval. Even though we applied on same day.

    ND: 07/25
    TSC



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  • dtekkedil
    07-03 12:34 PM
    Hello folks looks like that link for the "sweetheart roses" doesn't work anymore (They probably ran out!)! The cheapest flowers I could find now are these -

    http://www.ftd.com/350/catalog/product.epl?product_id=FFCB&index_id=product_roses




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  • redddiv
    07-11 08:06 AM
    Can some one start a peaceful protest in Florida/Georgia



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  • laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??




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  • anzerraja
    07-20 12:28 AM
    Thanks Pshah !!!


    Count me in for $100.



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  • saileshdude
    09-24 12:11 PM
    Surabhi,

    Actually that is the more reasonable thing to do but USCIS has again disconnected these two things and left a loophole which makes it eligible to port an earlier priority date irrespective of whether it is EB2 or EB3. That is a flaw in the system in the same way it was in labor substitution. I don't mind people porting to Eb2 as long as they go back in the queue where they were really qualified to be in EB2. Say if you had experience BS+5 before filing in EB3 and for some reason because of employer or attorney you filed in EB3 but now want to go back to earlier date that is fair enough. What is not fair is someone who filed in EB3 because they were in BS+2 in say 2003, become eligible for Eb2 in 2006 but now decide to port in 2010 and are given the priority date of 2003. The fair thing would be to give the PD to that person of 2006 and not 2003 just because they have an approved I-140 of EB-3 from 2003.

    That being said, I also believe that the spillover be distributed properly and not just given to EB2. That is also unfair. These are some loopholes that are left when these laws are made. Some category get benefited and some are left out. So if EB3 people start porting we should not be complaining because they have also suffered because of inappropriate spillover rules and is justified if they want to take advantage of this loophole.





    I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.

    Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.

    This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.




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  • delax
    08-21 02:13 PM
    delax,
    What is your service center?

    Below are the details for self and spouse
    Aug 13 - soft LUD
    Aug 14 - Approval notice sent
    Aug 15 - soft LUD. status is still Approval notice sent

    My service center is TSC.

    TSC! - 485 was mailed, accepted, receipted, processed and approved at TSC.




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  • chanduv23
    03-10 07:10 AM
    well you have a cooperative lawyer and a co operative employer...That is not always the case...Sometimes the employers are just using this excuse to keep folks working in the same position just because it suits employer's interests....

    I agree no less with you. I went through a very bad employer who made me travel crazily (90%) though travel was not a part of the job and never gave access to vacations, nor bonuses and meagre hikes just because my GC was backlogged and my manager knew everything about it as he did all the paperwork. I did this for 4 years, later switched to a consulting company where employer is very cooperative.

    Having a cooperative employer makes a big difference, something that makes you comfortable.

    Weighing out various options like Canada, Australia must be of high priority as these countries, though racist, at the end of the day, you are not bonded with the people (you have choice to stay away from exploitation). Though there may not be as many jobs in those countries, it could just be a backup plan and who knows, every country is catching up now.

    After 9/11, pro immigration policies are getting difficult and we never know the outcomes of these CIR bills, it is getting delayed now and we don't know how things are going to be.

    In short, retrogression will be there and will affect us.

    If you can do eb3 to eb2 conversion with an old PD, you are better off - go ahead and do that, if you have a recent eb3 PD, you must look for choices. USCIS clearly know the pattern and the "trickling effect" which was explained in murthy.com clearly explains the way these visas will be handled.




    GCwaitforever
    12-12 05:38 PM
    I have an American Lead who interviewed this indian guy over the telephone and he did appear very smart, but when he joined our company he was plain dumb and didnt know anything. Apparently somebody else attended his telephone interview. Talk about breaking FAITH i have built all these years. He doesnt trust Indians anymore. Who is to be blamed here???

    Indians have bunch of these tricks up their sleeves. Some are paid to take these interviews. Either the interviewer should rely on certification programs or employ voice recogntion and video conferencing to fish out these duds.

    Coming to the SKIL bill and Sen. Sessions, I am mailing my story to him at http://sessions.senate.gov/email/contact.cfm. Hopefully, he will come around and support immigration reform.

    Dear Senator Sessions,

    I am a legal immigrant living in this country from 1995. I have been paying income taxes dutifully and contributed to the American Economy all these years. I paid Social Security and Medicare taxes, and as part of the bargain, I am eligible for Social Security payments when I retire. I own a house in this country and I am married.

    I came to know that you put a hold on SKIL bill in the Senate as you have not received any feedback from legal immigrants. This is in response to your hold.

    I applied for Greencard in May 2002. I have two Masters degrees and over eight years of leadership experience in the IT field in Fortune 100 companies. I have about thirteen years of experience in the IT industry. You would have expected that I should have the Greencard in my hand by now. That is not the case unfortunately.

    My case is languishing in the labor certification stage at Philadelphia backlog Elimination Center for the past two years. Labor certification is the first stage in the Greencard processing. I am into my 7th year H-1B extension now and I have to renew my VISA every year.

    My wife is a structural Engineer who had to put her career on hold, because she can not work until my Greencard petition moves forward. My wife has a Masters degree in Structural Engineering. We hear in papers that Alabama is short of Engineers. Why not improve efficiency at USCIS and use available workforce in the US?

    Legal immigration reform is essential to alleviate the pain and suffering borne out by legal immigrants in unending waits for the relief.

    I am expecting my Greencard petition to arrive only in another four years.

    Some of the anti-immigrants complain that more immigration pollutes the cities and chokes the cities. This is a falsehood propagated by them. My wife and I are living in this country as we speak. Granting us faster immigration relief does not increase population, rather it changes our status only - from hung upside down to standing straight.

    I request you to support EB immigration reform bills in Senate in the future and show us some light. The focus should be on how quickly America can assimilate legal immigrants by making the process easier. I am sure you would come hard on USCIS to process immigrant petitions efficiently.

    Some of the key provisions which would need your support are ...

    1. Recapturing VISA numbers from past years, which were left unused as USCIS never processed the full annual quota of immigration petitions in a timely manner, thus letting them expire.

    2. Allowing EB immigrants to apply for three year work permits instead of one year work permits which they have to renew every year. This lets us renew our drivers licenses also every three years instead of every one year.

    3. Forcing FBI to completing fingure print checks and background checks in a timely fashion instead of current waits which stretch to three years or more.

    4. Processing labor certifications in the backlog elimination centers by September 2007 as promised to Congress in the past.

    5. Ability to file for I-485 petition, even when the priority is not current. This would help lots of people in the retrogressed categories of immigration.

    Thanks a lot for your time in reading in this lengthy post. I hope you see the suffering of EB immigrants and support immigration reform in the future.




    h1bmajdoor
    07-08 05:04 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....



    they want you here. Then they want to keep you in the trap to pay you way less than the market, and ruin your career (no promotions, no career change, nothing - just keep hacking away at the computer, and the boss takes the credit/money).

    That is the way slavery started in USA. From a practice called indentured labour.



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