akhilmahajan
02-10 10:18 AM
Grand Total - $919
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
Come on folks lets help IV, to get things done for US.
IV is I/WE.
GO IV GO. TOGETHER WE CAN.
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thomachan72
05-27 08:47 AM
Hallo friends, I heard unofficial reports that the reason Dem and certain repub senators are so strongly supporting the cause of ilegal immig is because a huge lobbying group comprised of GC holders + citizens belonging to these groups (hispanics) have promised support to these senators. I therefore have a request to make to our more socially strong members in this group, Please contact our associations/groups and request their support. Mainly areas like CA, Chicago, Texas (dallas), washington etc etc where there are a lot of Indian / other foreign community. Lets get them to talk to their senators for us. And if they dont / are not willing to do that, we should also let them know that this will be anounced publicly to the Indian media / Govt. This is an important obligation on their part to support and raise their voice for us. We are a part of them and if they dont stand for us, we have to point that out publicly. Please somebody take charge of this and see that it happens. We H1b holders strugling for ourselves will not make any difference.
ArunAntonio
07-06 05:26 PM
Honestly i dont think any one person should "organize" it. If something goes wrong, then organizer will be held which is un-necessary trouble for some one wanting to do good!
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
What I meant to ask was which organization is organising this rally .. I am almost certain no single person is doing this.
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unitednations
08-25 03:18 AM
Is it possible for an administrative fix at the USCIS where the H-1B worker doesn't fall out of status immediately on losing his/her job? Or would such a provision require a law to be passed by the Congress?
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
A grace period of say 3 months to look for a job, or to pack up and leave, would relieve the pressure on the laid off H-1B worker and reduce incidents of system abuse.
If this can be done at the USCIS, perhaps we can write to the Obudsman and also to the USCIS director/associate directors. This is an important issue in this economy. I will be happy to draft a letter.
Good intention but this type of information by telling legislators actually hurts the cause. You want people to remain in USA but not complying with the visas.
Pre 9/11 when the economy was slowing down and there were layoffs; there was a memo from uscis that they would be lenient in transfer cases (give a period of a couple of months without paystubs). However; everything changed in 2002/2003 when INS went to 0 tolerance policy (ashcroft had a press conference saying this). That is when things started to change. The memo has since been rescinded (ie., zero tolerance policy).
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belmontboy
09-10 08:05 PM
YOu are a USELESS fellow. Who gave you even the right to write here and put your views when you cannot even can consider it trustworthy to donate 2 cents.
Since when did this section become donor's only??? You don't need any rights to participate in a discussion in general section. There is Donor forum already, where you "Pay to See, Say".
A senior member like you should practice restraint and choose words wisely.
Since when did this section become donor's only??? You don't need any rights to participate in a discussion in general section. There is Donor forum already, where you "Pay to See, Say".
A senior member like you should practice restraint and choose words wisely.
Jun03
07-02 12:08 AM
Hi guys,
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
With all the news floating around about the VISAs getting exhausted in early July on one side and having an employer who does not seem too eager to apply for I485 since past two months, how does one deal with it ?
I wish all this was a little less complicated..:confused:
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desi3933
06-28 10:11 PM
Employers can (at least they do) discriminate EAD holders. Here is an example and related link:
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
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
Fog Creek Software - Intern in Software Development (http://www.fogcreek.com/Jobs/SummerIntern.html)
"Permanent legal right to work in the United States. Because student visas (J1, F1, etc) are time-limited, we regret that we can't consider interns on student visas."
They key word here is "Permanent legal right to work in the United States". EADs (485 based EAD as well as F1 based EADs) have a limit of 1 year/2 year/29 months etc. Based on this Fog Creek Software will not hire an EAD holder. Can we do some thing about this blatant violation of the law?
As per I-9 form
The refusal to hire an individual because the documents presented have a future expiration date may also constitute illegal discrimination.
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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bijualex29
09-11 11:50 AM
I got my receipt No filed at NSC on 9th July and trasfered to WAC for receipting.
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ragz4u
04-30 11:37 AM
And has a lot of backing from the hi-tech industry.
Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.
Also, this bill (as per my understanding) does not have to do anything with the illegal aliens and so should not rankle anyone. Also since Cornyn is the author, other conservatives (hopefully) will not have many issues with it and not many will argue about a bill that has to do with American Competitiveness.
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johny
09-06 01:16 PM
No receipts yet. My file reached NSC on jul 9th. shows TSC is processing jul 2 cases. NSC is also processing some jul 2 cases.
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dskhabra
09-23 07:51 PM
I think it's tough for anyone to predict exact EB3 -> EB2 porting for this year at this point in time....It's definitely going to increase every year...unless some rule changes...It was pretty clear even before this lawyer posted that EB2 will have no or very slow movement without any spillover...
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mrdelhiite
09-28 08:43 AM
FYI sent wife's application on August 11th .. reached NSC on 14th .. checks got chshed yesterday. Online status says application was picked on Sep 25th.
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
My application was sent on 2nd July reached July 3rd and have received recepit noice earlier.
-M
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kuhelica2000
01-30 06:20 PM
This is plain simple illegal to secure H1B without a job. Period. There is no question of moral or ethical issues here.
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Moral and ethcial issues come with legal situations; like labor usb is legal but one can question whether it is etical. Same goes with PD porting. It's legal but one might question if it is ethical.
Geeting H1 through bodyshops showing false employment is a fraud. It's high time we reported all these fraud to DOL.
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
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nousername
01-30 02:29 PM
Thanks sledge for your support.. That's exactly what I meant. One should at least have a job before applying for H1. I am in totally favor of H4 visa holders to be able to work. There are so many highly educated and talented people out there who are stuck at home or school because of H4 work permit law.
I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
I wish good luck to all H4 visa holders and other people who are stuck in this immigration system.
The problem with him and many others including me is people like the OP, and in case you are also one of them, then we all have a problem with people like YOU!!!!!
He never claimed his wife was better than the OP. All he is saying is that his wife HAD a job, which is the minimum requirement to apply for an H-1B. He never said that converting from H4 to H1 is illegal!
Your coment that everyone is trying to improve their life is so simplistic and moronic. No one is denying you or the OP theright to improve one's life. Do so ethically!
How can you simply assume that everyone here came to the US through some bodyshopping company? How did you get your job? Was it through a consulting/bodyshopping company?
And no, he is not dividing the community. You and people like you think that every immigrant is unethical and it is an accepted behavior!
Shame on you!!!
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lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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gccovet
02-10 02:25 PM
With sujijag's 50, needhelp!'s 25, and gccovet 25.00
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
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unitednations
08-24 09:28 PM
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.
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.
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nousername
01-30 04:23 PM
Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
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garika
07-19 10:57 PM
$100 from me too
manja
11-17 03:39 PM
Done for TX. Thanks!
tonyHK12
02-10 11:20 AM
thanks sureshtreddy, dkshitij for your contributions.
Amount raised = $1800.00
Contributions needed = $48,200.00
Amount raised = $1800.00
Contributions needed = $48,200.00
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