mchatrvd
09-11 04:26 PM
The thing is that I feel bad for IV when people start screaming and yelling at them. IV is not responsible for passing these legislation. They don't even realize that if there was no IV, July fiasco would have resulted in lot of people not getting their 485 filed. So many people would have so far not been able to use AC21 and change jobs. They are just sitting and posting out their suggestions. IV needs members who can help them in their cause and strengthen the organization. They have no right to yell or scream despite not even contributing a single minute to the cause. I still believe that we better have couple of members who we know and can count to volunteer rather than a blog where people throw fancy suggestions and vent out. That is the reason for me being advocating for paid site. If not paid, then activate membership through state chapters. Have state leadership activate their membership based on their contribution for this blog. At least we know that they are contributing to the cause by money or time. I am seriously disgusted by seeing so many irrelevant postings on this site which has nothing to do with immigration and people spending hours blogging, rather than contributing couple of minutes with their state chapters.
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smsthss
03-28 10:00 AM
As per murthy bulletin, EB3 India might become unavailable or will stay where it is.. If i interpret correctly. Looks like EB3 will remain the same. Very disappointing.
asdf123
09-14 08:57 AM
where did you file at NSC or TSC?
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desi3933
07-08 10:22 AM
This is very true. People may want to come forward and complain about employes but is there clear guidence on what will be status of employee if employer withdraw her/his h1b ?
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
Employer can not retaliate against employee just because he/she exercised his/her legal rights as an employee.
http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf
Infact, if one has reported against Employer against no pay on bench, even USCIS considers the employee in status as his/her out-of-status was out of his/her control and he/she taken action available to him/her.
I undertsand, laws are very complex and one needs to be like a Chanakya (http://en.wikipedia.org/wiki/Chanakya) to get even with big players.
.
more...
HV000
09-26 01:09 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
prashantkh
06-23 05:06 PM
I agree, another argument in support is that if the situation of skilled legal immigrants does not improve many of them may consider other options like Canada, Australia, UK, NZ or even going back home. The employers most likely will outsource the jobs to other countries and once that happens that position is permanently gone from US. Hoewver, if an immigrant is working here the position is still here in US and can be taken by a citizen or a resident here if the immigrant workers leaves the job position.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
PK
This myth has never been successfully countered in the media or any other PR or lobbying channel by the legal immigration crowd.
The standard line amounts to this:
We are highly skilled we are legal and we are stuck and dont deserve this.
This is not good PR. Nobody cares about this.. it will get us nowhere..
We need to have a standard message apart from all other humint crap..
1) legals cannot undercut US jobseekers because of strict labor laws. Employers are paying a premium in wages as well as legal fees to retain their legal alien workforce. IT would be foolhardy of them to go through the hassle if local talent was easily available.
2) legals are in most cases paying taxes for which they may never realize the benifits like social security.
We need to let it be known in a firm polite manner that
1) we are giving more than we are getting and are not free loaders
2) we are not harming or displacing anyone.
I dont think this can be perceived as tryng to distance ourselves from undocumented workers. There are rare moments when the media does focus on legal immigrants as a group lets make the most of it.
more...
chanduv23
07-08 09:56 AM
There are laws in place, already, for discrimination against applicant having proper work authorization.
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.
Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.
There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.
_________________
Not a legal advice.
desi - the reason we face all these issues is not because of anyone's fault.
Reporting an employer is not as easy as it sounds.
The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.
The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.
It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.
People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".
One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".
Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.
Just imagine what is this person's situation for no fault of his?
We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......
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jfredr
07-04 11:36 PM
my 485 also reached Nebraska on July 2nd at 9:01 am
by FEDEX.
Is my boat Sinking or floating
by FEDEX.
Is my boat Sinking or floating
more...
GC_wait_forever
11-21 02:40 PM
....
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boreal
12-10 02:58 PM
pls email the url of the site you mentioned above
There are two posts from 'Ticked Off' at this link:
http://www.steinreport.com/archives/009849.html
There are two posts from 'Ticked Off' at this link:
http://www.steinreport.com/archives/009849.html
more...
desi3933
07-10 11:55 AM
desi,
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
so what is your point? i have no doubts that i can prove point 1, 2 and 3 below... i.e. real business, planned business (with only me as the employee), contracts and orders. i dont think anyone here is talking about a non-bonafide job with a "paper shop" (in your words)...
what is your point about ? doesnt that sounds like "ability to pay" issue? if yes, that is not an issue at I-485 stage... the yates memo clearly states this...
Its not ability to pay issue? The main point is to show that job is real, and bonafine.
May I ask, how do you plan to demonstate that job offered in self employment is same/similar to I-140 job and it is bonafide job offer?
.
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sam2006
07-19 06:58 PM
count me in also ....
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LostInGCProcess
08-29 01:45 AM
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
While your H1 is in pending state and you go out of the country, USCIS would consider it as 'abandoned'.
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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.
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.
more...
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InTheMoment
06-15 10:03 AM
and which state did you apply from ? Looks like there is some relation to where it is processed (If your I-140 was not already approved before the USCIS bispec III...see my message before )
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
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BharatPremi
11-21 01:43 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
As all expressed, I was too uttlerly shocked to my guts and went blank for a while. Obviously do not know the answer and feeling helpless not be able to show you the path. But be calm and confident. I pray to GOD for giving you and your family a strength to deal with this shocking reality. I hope your lawyer can help you out of this. As far as medical diagnostic and treatment is concerned, I would request you to have second opinion from best doctors in India.
more...
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sam2006
08-23 01:44 PM
Congratulations..my application was received by NSC on July 2nd too, and I haven't received anything yet..hope i will get it sometime soon...so are all the applications that went to NSC on July2nd are getting transfered to TSC ??
I guess only for 140 approved in TSC are getting transfered to TSC
I guess only for 140 approved in TSC are getting transfered to TSC
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qplearn
12-12 08:39 PM
:D
Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.
If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.
Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.
If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.
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immigrationmatters30
07-22 08:17 AM
Even If this happens, it will not help EB3I because then the spill over will be shared by all countries in EB3. Then there will not be any option left both for EB2 and EB3. Now atleast there is an option for some EB3 folks to move to EB2.
Waitnwait
12-16 12:53 PM
Very good recommendations.
here's my list. would love to hear others.
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
here's my list. would love to hear others.
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
abq_gc
08-18 02:49 PM
Well CLEARLY you CANNOT.
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
AND STOP Cursing on this forum, it is NOT your personal property. If you are that HIGHLY skilled as you claim to be, stop behaving like an uncouth idiot.
so the best u can reply is by cursing me...clearly shows ur an EB-3... nothing innovating in your genes...i assume hahahaa
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