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  • pvpb
    09-26 02:51 PM
    Thanks! i called them today and they asked me to wait for 90 days. My lawyer says tehy r getting receipt notices in that date range..maybe ours will be soon.

    Venkat





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  • indyanguy
    09-26 12:58 PM
    By Self employment, do you mean working on 1099 or by starting a business and working for it?

    Per my lawyer,

    1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
    2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
    3. Self employment is ok as long as the requirements are met and that is what is I am doing now.





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  • rajeev_74
    07-07 10:12 AM
    With H1-B people had some idea that apps might get rejected..in this case it was a total miscommunication....now some people might say miscommunication is not illegal which I strongly disagree...

    When DOS doesnt have a Immigrant Visa available , its just not available.
    DOS made it effective 2nd ,
    "Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
    USCIS by law cant accept any applications effective 2nd.

    People whoes H1B applications were accepted on first day and then were rejected , Can they have done something?

    Sir , we are screwed, thats doesnt mean a law is broken


    We need the legislature intervention to make the limit higher.





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  • bombay
    02-05 01:05 PM
    Last week i received a letter from my canadian lawyer to send my passport to buffalo for stamping. The last date mentioned is March,08

    Regarding me, I got through canadian immigration with mine and my wife's points. My wife is a Permanent resident for last 3 years 10 months in US. I am in EB3 category. PD Oct 06.

    When checked the rules for maintaining PR in US for my wife, She cannot apply for PR in any other country till the time she is a PR in this country. As per the lawyers she will have a difficulty in applying for citizenship.

    Now, I cannot myself apply for canadian immigration. because its a joint filing. What should i do?



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  • dtekkedil
    07-03 12:35 PM
    My Order # FNL1782679





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  • pani_6
    07-27 11:17 AM
    I was looking at the comments of one "sodepressed" in the Ron gothcer's forum..I am feeling really bad for this guy..I dont know what logic USCIS follows..but I assure you EB-3 I will fight for fair share and get it..with in 140 K numbers or thro Visa recapture #'s..first is to highlight our problems..so lets do it in creative ways...

    EB-3 I I can see we progressing very soon..lets send out those letters..


    :)


    LEGAL AND STUCK IN - 7 YRS. ILLEGAL AND SNUCK IN - 7 MINS. CHOOSE!

    It is a fact that EB3 India is a FORGOTTEN category. There appears to be a sense of intra-category elitism within the larger community that comes together at IV. EB3 I's make feeble attempts to be heard and some take a shot at innovative marketing campaigns to call attention to the plight of being stuck for over 6 ot 7 years in some cases. EB2 I's immediately respond with a self protectionist attitude and preach a higher calling that focuses on comprehensive solutions instead of piecemeal solutions. EB1 I's obviously choose to remain outside the fray, since these are matter of concern to vox populi, not them.

    Some EB2's and EB3's then analyse the hell out of USCIS logic, to the extent that they could become full time spin meisters for ANY public organization. With very little fact, a healthy dose of opinion and a mish mash of 'logic', they piece together their 'strong' arguments -one way or the other.

    Lost in this useless din of irrelevant analysis paralysis is the real misery of thousands of EB3 I's (such as myself) that have been stuck for years for no fault of ours. By the way, I happen to be a highly educated (for those that care) Executive that went to Top Private Universities in the US that happens to be stuck in EB3 ONLY because the company HR rep and lawyer at the time, chose to go down this path. POint being, there is no reason for EB2 I's to pontificate from a sense of elitist protectionism because there are EB3 I's like me that can outsmart a bunch of you in no time. Seriously. (This is for those that preach that if you are 'smart' you should be in EB2. Go read those threads).

    So bottomline, let us stop behaving like CIS vs Anti CIS camps and instead UNITE towards the common cause. Let EB3I's air their frustrations. If you can come to help, do so. If not, stay out of it completely. No more half ass 'logic', please.

    Thanks!



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  • desi3933
    06-27 03:07 PM
    When i have to make my hands wet anyway - how about sending the resignation letter via a Lawyer along with Points that goes against the agreement ?

    That may silence them and it will cost me 2-3 grands hardly - what do you say.

    1. Is there any notice period mentioned in the agreement?
    2. I am not sure if sending resignation letter by lawyer is a good idea. It seems that you hate him big time.
    3. Sending a letter with points against agreement may or may not work. Depends on lot of factors (like how much money they are making thru your contract).
    4. If they sue you, you could lose more than 10,000 (include time and peace of mind).

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • shukla77
    11-21 01:14 PM
    Mehul,
    I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.



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  • ilwaiting
    10-05 01:04 PM
    If Reps win CIR might not pass at all. Since border Fence bill is passed now it shows Reps want a border security only bill. Remember Senate was opposing to a border security bill First? What happened now. America raised voice about it. And congress reacted by passing it.

    If Dems win we stand a chance that CIR would be debated. Few legals provisions would squeezed into this CIR bill(which is maily for undocumented and ag worker). However its important that Dems take control of both senate and house.

    Ont he flip side if Reps will, atleast there is a possiblity that SKIL bill might pass. that would help us.





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  • cal97
    11-07 07:11 PM
    SJ,

    o Yes, mine is a NSC->CSC->NSC transfer case.

    o I spoke to an IO at NSC around the last week of October and she told me she is going to schedule it, but was a little apprehensive as I trashed some mail without going through it properly (so that was my fault). My main intention on getting an infopass appointment was to make sure that I did not miss any scheduled appointment, which was confirmed by the IO.

    o My case was recd. at NSC on 9/21 (Not sure when CSC transferred it). My Notice date is 9/10 if that helps.

    o Not sure what you mean by "What is FP data?", did you mean "date" instead of "data" ? If so, I don't know. All she told me was I was in the queue, which I am assuming is their internal queue.

    Hope this helps.

    hi cal97,
    Are you a CSC-NSC transfer case?
    Are you telling that FP was already sceduled even before you went for Infopass?
    Could you tell when case was transferred to NSC and when NSC received it? What is the FP data?
    Thanks a lot
    SJ



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  • pappu
    07-21 10:08 AM
    IV will have more money to do advocacy events like the one that just happened. More media spending, more coverage.

    This is correct. You not only need funds but also lot of warm sweaty bodies. !!

    We need many people working everyday continuously over a period of time. It cannot be --"As and when I get time, i will try. Or I am already contributing by posting ideas on the forum. Or I am EB2 and my date will be current soon so I do not really care, I am not desperate for green card so do not bother me by contacting me. Or IV is for EB2 and I am EB3. Or IV is for Indians and I am ROW." Stop thinking IV just a forum like other forums of lawyers or trackers where the aim is to make money from the long wait and run a business. Here we want to fix the problem so that we no longer need Immigration Voice and all of us can move on in our lives and professional careers.

    There have been times when we evaluated our decision of continuing this work after hearing lot of negative comments from our community or seeing lack of participation. A recent proof is the recent funding drive for advocacy day and our thousands of phone calls to members asking them to come to DC. It is not easy to organize any event and it takes lot of planning and funds. None of the members who used to write negative posts after every visa bulletin urging IV to do an event in DC came to DC event or even contributed. Many in the IV team are still involved with this effort even after getting their greencards only to succeed in what we all started out to do together. The commitment needs to be there so that many people can help out even during the day time. One option is for members to have their homemaker spouses volunteer for IV work. We have so many ideas we can work on if there are more sincere people who commit to helping out. Funds are also important. AILA has a budget of 13 million dollars/yr and they can do a lot in terms of advocacy, filing lawsuits, talking with offices on regular basis, organizing conferences each year where lawyers pay to hear USCIS officials, media outreach, meeting other organizations etc etc . They have people in DC to go and meet offices on daily basis. Likewise anti-immigrants too have millions of dollar budgets. You do not see their forums filled with posts of infighting. suspicion and baseless arguments that we have. Many of our posts do not even project us as well educated and mature individuals. We can blame whoever we want-- employers, government, lawyers, karma.... but the real reason why this retrogression problem still exists is because all of us in the community have allowed it to exist. Only we are responsible for the success and failure of our efforts. Nothing is impossible if we have strength and resolve to advocate our issues.





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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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  • anilsal
    07-07 02:20 PM
    Give me credit for inspiring you all with my signature.;)

    Let "Gandhigiri" win.





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  • tikka
    06-05 07:43 PM
    GUYS/ GALS
    Please contribute to IV.



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  • kris04
    09-05 10:34 AM
    Dear Friends,

    My GC was approved on Aug.19, 2008 and received my Physical card on Aug. 22, 2008 :):). I am wondering what to do with the I 94 , which I received after my last re-entry to USA in 2006 using AP. Any info.

    regards

    kris





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  • tonyHK12
    02-22 09:04 AM
    thanks members for your contribution

    Total Contributions...........$7,125.00
    Amount to be raised.......$42,875.00
    .
    .



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  • raydhan
    06-20 09:16 AM
    logiclife,
    Thanks for the update. Let me share my concern with the CIR. Do you think that someone (lawmakers) is going to officially vote for the CIR to die? I don't believe so. Discussions, debates, political bickering and fingerpointing can drag on for months and even years because no one is officially willing to kill it for obvious political reasons. How long do you think we (IV) can wait until we start pushing for other bills?

    Appreciate your feedback.





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  • pani_6
    07-25 11:16 PM
    Did you send out the latest letters...I am getting a positive feed back ..that approximately at least 500 letters have gone out..we started to make noise.. and we will see the results eventually...More action items will follow in comming weeks..Dont forget the high five though campaign though ;)




    http://immigrationvoice.org/forum/showthread.php?t=20452




    What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.





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  • humdesi
    12-17 10:24 PM
    Moderators,
    Please merge this thread with the other depression thread. Don't let collective wealth on depression therapy advice get lost.





    mani_r1
    09-01 03:12 PM
    was it tsc or nsc?

    tsc





    maag
    05-30 10:49 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.