needhelp!
11-28 01:42 PM
Is there a way to listen to the show online?
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sanjaymm
12-24 11:21 AM
Freedom and Liberty has been the founding principle of USA. Freedom to change, to improve and to grow has lured immigrants to USA over ages. However, same freedom is denied to LEGAL employment based immigrants. USA boasts of equal rights and opportunity to everyone. However equality is denied to employment based immigrants.
I came to USA in 2001 along with my family, to work as an IT manager. My green card was applied in 2003. I have been dutifully contributing to US economy, in form of my labor and taxes. However, due to immigration laws, I am stuck to a particular job profile. I can not accept any promotions or job enlargement offers. I am even barred from attending full time school, to enhance my skills. My dependents are not eligible to any educational aids, since we are not green card holders yet. I can not buy a house for the fear of losing it. In case of job loss, I have to seek a job in same job profile within 2 months, or loose whatever I have worked hard for in prime years of my life. In spite of paying all taxes, I am not eligible for any kind of unemployment benefits.
I have been waiting patiently for last five year for my green card. Looking at the snail pace of process it will be several decades before, I get it. Has US stopped caring about intellects at all? Why can�t US politicians see a potential brain drain coming?
I request you to take reforming immigration process, making USCIS accountable on top priority. The law should also have a maximum wait period for green card identified. No one should be put through an ordeal of an endless wait.
I came to USA in 2001 along with my family, to work as an IT manager. My green card was applied in 2003. I have been dutifully contributing to US economy, in form of my labor and taxes. However, due to immigration laws, I am stuck to a particular job profile. I can not accept any promotions or job enlargement offers. I am even barred from attending full time school, to enhance my skills. My dependents are not eligible to any educational aids, since we are not green card holders yet. I can not buy a house for the fear of losing it. In case of job loss, I have to seek a job in same job profile within 2 months, or loose whatever I have worked hard for in prime years of my life. In spite of paying all taxes, I am not eligible for any kind of unemployment benefits.
I have been waiting patiently for last five year for my green card. Looking at the snail pace of process it will be several decades before, I get it. Has US stopped caring about intellects at all? Why can�t US politicians see a potential brain drain coming?
I request you to take reforming immigration process, making USCIS accountable on top priority. The law should also have a maximum wait period for green card identified. No one should be put through an ordeal of an endless wait.
DesiGuy
09-17 01:56 PM
Mr Smith proposes and Mrs Lofgren opposes ....yet again
let's move on:(
let's move on:(
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xyz2005
07-19 10:11 AM
So, is it a good idea to wait until next week and then decide the course of action.
Can we send another application just in case? Has anyone talked to their lawyer. As per USCIS, even if they send the application back, it might take 30 days to receive the application. (Understandable, since it is USCIS).
Any one has any clue what to do?
Viral,
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
Can we send another application just in case? Has anyone talked to their lawyer. As per USCIS, even if they send the application back, it might take 30 days to receive the application. (Understandable, since it is USCIS).
Any one has any clue what to do?
Viral,
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
more...
msyedy
02-27 10:18 PM
could it be that ppl will not be able to sneak in with pre-approved labor now? if there is a significant number doing that, the PDs will move faster. Congrats IV on this achievement!
Isme IV ka kya haath hai. USCIS wanted to do it so they did it. IV or me I should say is just going to push when time comes to remove retrogression,
that is what we can do now. Our reforms are linked to CIR so pray.
Isme IV ka kya haath hai. USCIS wanted to do it so they did it. IV or me I should say is just going to push when time comes to remove retrogression,
that is what we can do now. Our reforms are linked to CIR so pray.
javadeveloper
11-25 12:07 AM
i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
more...
gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
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gumpena
09-15 06:42 PM
Our only hope is HR5882. Please start calling congressmen..
more...
bkarnik
09-17 01:50 PM
The effective date could be one of the amendments .... it is changeable.
yes it is...but will they do it?:)
yes it is...but will they do it?:)
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induabhay
01-13 08:49 PM
Folks
Is there any person on IB who can express concern vividly and also suggest solutions eloquently? Also is there anybody else with media contacts who can get this person some prime time explosure? What do you guys think about the idea? IB has been doing a good job of pushing our case with the legislature. Should we now look at puhsing the case with media?
Is there any person on IB who can express concern vividly and also suggest solutions eloquently? Also is there anybody else with media contacts who can get this person some prime time explosure? What do you guys think about the idea? IB has been doing a good job of pushing our case with the legislature. Should we now look at puhsing the case with media?
more...
ash0210
02-01 02:06 PM
My company posted on Dice&Monstor, 10-15 versions of my resume with diffrent combinations of my first name/fathers name and Last name.....
They call it..."Marketing" your profile!!! The American recruiters who knows me, use to call me & tell me that they have "hit" of my resume with names like...A.ASH or S.ASH or H.ASH...and so on..while the content of my Resume remains same!!!
When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.
One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.
They call it..."Marketing" your profile!!! The American recruiters who knows me, use to call me & tell me that they have "hit" of my resume with names like...A.ASH or S.ASH or H.ASH...and so on..while the content of my Resume remains same!!!
When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.
One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.
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guchi472000
03-13 03:36 PM
Congrex EB2.... Cheers.
more...
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yetanotherguyinline
07-16 03:35 PM
Email sent.
Dear Sir or Madam:
I have been watching Lou Dobbs on CNN for a while and I am appalled by Mr Dobbs' hatred towards immigrants. He seems to twist or omit facts to suit his line of thought and at times states his opinion as absolute facts (most of which can be easily dis-proven by a 10 minute search on USCIS or dept of home land security websites). My friends and I are considering boycotting CNN if this sort of offensive programming goes on unchecked.
Regards,
Dear Sir or Madam:
I have been watching Lou Dobbs on CNN for a while and I am appalled by Mr Dobbs' hatred towards immigrants. He seems to twist or omit facts to suit his line of thought and at times states his opinion as absolute facts (most of which can be easily dis-proven by a 10 minute search on USCIS or dept of home land security websites). My friends and I are considering boycotting CNN if this sort of offensive programming goes on unchecked.
Regards,
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GCBy3000
01-30 11:56 AM
This is good but too late. Now that BEC's have already cleared lots of labors and it is now in the pipeline of substitution. By the time they actually impelement this rule, they would have cleard all the backlogs. May be this will stop only 5-10% of BEC labor substitution.
If they had implemented this rule a year or 18 months back when they started this BEC, it would have helped us a lot. If all the BECs are cleared and those labors enter into substitution pipeline before this rule is enacted, then it will not cause any improvements for retrogression.
So do not get too excited now. It is already too late. If for some reasons, if it eliminates some substitution it is only a little releif for us. Overall it is a good move.
WHY DID NOT they talk about this implementations all these times and talk about it NOW should answer the strengths of AILA and other lobbying groups who have vested interest in this substitution. Now these orgs will not oppose much on this rule as they have already made 80% of labor substutition bussiness which was worth multi million dolloars to them. They are ready to forego meagre 20% business and will also look like a good cop for public by supporting this rule.
I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.
If they had implemented this rule a year or 18 months back when they started this BEC, it would have helped us a lot. If all the BECs are cleared and those labors enter into substitution pipeline before this rule is enacted, then it will not cause any improvements for retrogression.
So do not get too excited now. It is already too late. If for some reasons, if it eliminates some substitution it is only a little releif for us. Overall it is a good move.
WHY DID NOT they talk about this implementations all these times and talk about it NOW should answer the strengths of AILA and other lobbying groups who have vested interest in this substitution. Now these orgs will not oppose much on this rule as they have already made 80% of labor substutition bussiness which was worth multi million dolloars to them. They are ready to forego meagre 20% business and will also look like a good cop for public by supporting this rule.
I see DOL making so many improvements, PERM process in full gear, BECs finishing up most of their backlogs, and then, no labor substitution rule. Hope USCIS takes some inspiration from them.
more...
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belmontboy
09-15 09:20 PM
What works for someone may not work for us. VXG and others were lucky we are not as simple as that which does not mean that we left any stone unturned...it just doesn't work that way.....but again will keep on trying...
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
has anybody tried calling USCIS as the proxy applicant..I mean has anyone as a primary called USCIS for their dependent....the reason I am asking is I need to do that....I am sure there is no "sex" in the file and there is no way for them knowing that I am the primary applicant or not.
SoP
u going to talk in girl's tone? :D
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chicago60607
09-17 01:20 PM
I hope Mr.King eats something which upsets his stomach and is in the restroom for the next 2-3 hours :D
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gumpena
07-17 05:40 PM
Our next struggle must be to capture lost visa numbers...
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thomachan72
05-26 03:15 PM
(b) Worldwide Level of Employment-Based Immigrants- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows:
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A) 140,000;
`(B) the number computed under paragraph (2); and
`(C) the number computed under paragraph (3).
`(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--
`(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
`(B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.
`(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--
`(A) the difference, if any, between--
`(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and
`(ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and
`(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.'.
(c) Effective Date- The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.
Looks like EB visas are recaptured and fed into EB pool.
Once again pardon me for my ignorance. Is this bill currently active in the senate? or is it the bill introduced last time that you guys are talking about. If it is reintroduced and the substance is as mentioned in the above post, why are we not actively supporting this? If it is infact true IV community should be the one supporting it the most. Senior members please comment.
`(d) Worldwide Level of Employment-Based Immigrants-
`(1) IN GENERAL- The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of--
`(A) 140,000;
`(B) the number computed under paragraph (2); and
`(C) the number computed under paragraph (3).
`(2) UNUSED VISA NUMBERS FROM PREVIOUS FISCAL YEAR- The number computed under this paragraph for a fiscal year is the difference, if any, between--
`(A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and
`(B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year.
`(3) UNUSED VISA NUMBERS FROM FISCAL YEARS 1992 THROUGH 2007- The number computed under this paragraph is the difference, if any, between--
`(A) the difference, if any, between--
`(i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2007; and
`(ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and
`(B) the number of unused visas from fiscal years 1992 through 2007 that were issued after fiscal year 2007 under section 203(b), subject to this subsection.'.
(c) Effective Date- The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.
Looks like EB visas are recaptured and fed into EB pool.
Once again pardon me for my ignorance. Is this bill currently active in the senate? or is it the bill introduced last time that you guys are talking about. If it is reintroduced and the substance is as mentioned in the above post, why are we not actively supporting this? If it is infact true IV community should be the one supporting it the most. Senior members please comment.
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snathan
01-17 10:30 AM
This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
vamsi_poondla
11-06 02:28 PM
Well Said! I support you 100% and agree with you totally about this. Fraud is any program is unfair and unjust on everybody, including the H1 holders themselves.
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
Your company is not a sample of the entire population. The H1B program is not on-demand program. It is once in an year annual event (because of the demand). US based companies when they get a new project which needs a position, if they cannot hire locally, cannot get H1B worker from overseas when they want. So, in anticipatory mode they have to get some numbers and utilize them and we do lose some H1B visas if they cannot bring them for various reasons.
Is it fair, may not be. Is it widespread waste, I don't think so.
Coming to market reality - how many US workers will join a desi consultancy company or India operations based company?
Steven_jd
06-12 11:15 AM
because I'm a green lover here's a greenish from me (-:
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
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