Sunday, June 19, 2011

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  • pmb76
    03-18 01:31 PM
    Did you get to keep the stuff you stole ?





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  • stuckinmuck
    05-28 02:56 PM
    Hi,
    I found this interesting comment from a blog. It has been posted by an H.R. representative who has access to H1B and GC users' records. The points raised are indeed valid and they seem to have a 'case' against us. I do not by any means want to undermine our efforts but it does provide a perspective from the 'citizens' perspective.

    The bill would also drastically increase the number of H-1B visas issued to foreign professional workers. As a Human Resources representative, I see first hand how the H-1B visa and employment based green card programs actually work together to drive U.S. white collar workers from their jobs and even from their careers. To begin with, there is virtually nothing in the law that prevents employers from hiring H-1Bers for open positions even if qualified Americans are available and willing to do the work. Americans are routinely laid off and replaced with lower paid H-1Bers also. In these cases, Americans have practically no legal recourse available under current law. H-1B is also a dual intent visa, so an employer may sponsor an H-1Ber for an EB green card for legal permanent resident status. When a company seeks to sponsor a foreign worker for an EB green card, they are required by law to demonstrate a good faith effort to recruit Americans first. This process is called labor certification. But employers routinely game the labor certification process for green card sponsorship to defraud even well qualified citizen job applicants in favor of low wage foreigners. They use fake job ads and/or bad faith interviews of American citizens to convince the federal government that they tried to find American workers first. These practices are common in high tech and even in some non-tech industries, but HR people are told to keep quiet about it or lose their jobs.

    I would be in favor of a program that issues a small number of self-sponsoring green cards for truly innovative foreign nationals on a competitive basis. But very few of the H-1Bers or green card applicants that I have seen in 10+ years even come close to being truly innovative. Most are just practitioners with skills that are actually quite common among the domestic workforce. The only thing special about these foreigners is that they will work for substantially less than Americans in order to have a chance to become legal permanent residents. Thus they are used by management to sweeten corporate balance sheets.

    The prevailing wage regulations are supposed to insure that foreign nationals are paid the same as their American counterparts in the same job functions, but these regulations are so riddled with loopholes that they are a bad joke.

    Since my work allows me to have access to salary records, I can tell you that the labor cost savings for H-1Bers and green card applicants is substantially greater than the costs of filing the applications with the government.

    Citizens should demand that both the H-1B and employment based green card programs be abolished in their current form.

    My point is if we check our credentials, how many of us are 'true' innovators? I know I am not, I am an expert in what I do and am an asset to my company but I haven't filed any patents or publications which would be the true requirement for this country. My skills are indeed readily available in domestic workers as well. Could that be the reason for the backlog in EB-3 and none in EB-1? So do we need to do a reality check here? Just wondering if this could be the reason why we're getting a raw deal. Could it be that 'highly skilled' is not enough but 'genius' and 'highly skilled' is what's required here? Just a thought.





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  • dixie
    11-18 03:51 AM
    I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.

    There are many factors which make the adjustment/re-starting issues bearable : In many cases, the country you will go back to will be a much improved place from the one you left.Besides, many of us immigrated not because we were desperate to get out of our home country; but rather because at that particular point in our careers going abroad was the best way forward. After close to decade's worth of experience in USA, many find that the best way forward now is to go back to your home country .. thats becoming more and more common with globalization. And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.

    Personally, i think returning to one's home country solely because of retrogression is not advisable and has the potential to cause lots of frustration and disappointment.


    I just wanted to get this discussion back on track of ppl wanting to be able rise up a little, let their wives work and feel the freedom to make a decision to go back.

    Let me restart the discussion. I know we are all frustrated to the extent that we want to pack up and leave but we have invested too much time to do that. But let's assume things start moving and we get our GC's in a year or so. Having spent so many years waiting to "settle" would you be willing to unsettle your life again and start over in a country that you left more than a decade ago.

    Note that I am not doubting anyone's intention or disrespecting any entry. Just wondering if its the frustation talking or there are ppl who would actually leave?





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  • kaisersose
    05-13 02:28 PM
    it depends on who is in which category ..I feel the above (1 -2 -3) is unjust ..not that I/we can influence how it flows. my view is that the category which is at the end should get more visas ...and I would support this even if things change tomorrow (EB3 current and EB2 severly retrogressed or EB-wwide - retrogressed ..not that it will ever happen !!)

    Based on what?

    EB1 is more qualified than other categories and is seen as someone who is in a better position to contribute to the national welfare of the country. EB3 is the least qualified of the three and is also the most likely candidate to displace an American.

    And you think America should throttle the flow on qualified EB1 and be more generous with EB3?

    EB2 is different however. Most EB2 are people who were EB3 earlier (like myself). For such people, there is a provision to upgrade to EB2 through interfiling - as option that is being heavily used even as we speak. So where is the problem?



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  • GCneeded
    04-26 11:48 AM
    I would like to congratulate the core team for their tremendous efforts. Also would like to to thank all the members who were involved in getting this article out.





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  • sandeep_1
    08-15 01:58 PM
    My EAD-renewal is also delayed and had an Infopass appointment in local USCIS office today. During the meeting, I specifically asked, in the event if EAD renewal is not approved before the expiration of current one, can I still continue to work? The answer was - "You can continue to work as long as your employer agrees to it". hmmm. Then I asked, would it jeopardise my status or 485 process in any shape or form. The answer was - "No (it will not effect my status)". Although, he did mentioned that interim EAD is not allowed anymore. He even said that, they actually took the machine and equipments required to produce EAD card for local office.



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  • saimrathi
    07-10 09:19 AM
    Thanks for taking it in your stride.. I was kidding indeed.. :p

    I know your are kidding saimrathi :).

    On a serious note though, flight ticket is a small price to pay compared to the other losses that we are suffering because of status quo.





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  • niklshah
    08-25 08:45 AM
    please post the list of document required for E-file AP ?

    thanks



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  • kumarc123
    06-12 12:59 PM
    Outlook is very very grim without a bill from what I understand. EB3 India is going to be in a hole and EB3 PDs that are 2006 and later have a really long wait time ahead that they are not imagining. We are all hopeful by nature and look forward to visa bulletins with a positive attitude but such PD folks may be disappointed month after month for several years. For EB2 India it is important to know number of ported cases. EB3ROW folks also need to worry now. Their journey may not be that smooth due to spillover rules and high demand. We need to get data via FOIA to make a better guesstimate. Without such data we will hear various theories, predictions and interpretations from various websites and blogs that may not be always true.


    Pappu,
    I appreciate your input, but IV members have been talking about numbers and numbers and numbers for last 2 years in a row.

    What will the numbers reveal? I had been a regular blogger at IV, but I stopped coming up here because.

    1. All talk and no Walk
    2. New members come aboard, are rude and offer no pragmatic approach.
    3. All these bloggers give ideas and critique each other.
    4. What happened to the March1 09st rally in DC?


    Why has IV not taken a pragmatic approach, don't take me wrong I respect what you have done and other approaches in the past. But IV is using same approach for a new problem, the end result-----Failure


    I joined this community after july fiasco, and have kept close watch on dates, everyday members keep suggesting something or the other. I don't mind being a donor to IV or contributing little what I have, But I need to see some big movement and results.

    I did all the stupid calling to congress senators
    Did sending of letters to the White house

    what was the result? If IV wants core members and new members to donate and be a part of something bigger than a website, then please initiate something big like a rally.


    Just because their are less members to join, does not excuse a true purpose of a rally.

    Some of core members of IV keep telling other members:

    1. Join your local chapter
    2. Be a donor,

    I understand all this, but I as a visiting members and the people coming on here, want to see a true and real reason to be a part of IV and not just a website where immigrants come and breathe out their frusturations July Fiasco turned to be advantageous to a few members, but was a mistake for members like me and other members who could not file at that time.

    Please prove me wrong and IV to be something more than a website, please initiate something big and real, and not just comments. I an aware of the achievements in the past, but it was past 3 years ago. For last three years immigrant's feelings have been played around too many times. Same old talks will not bring upon a change, SOMETHING BIG NEEDS TO BE DONE NOW BEFORE THE CIR BILL takes place. So people are more aware.

    Show us IV core is more than words! Conduct something bigger that will attract new members and donors to this organization.

    I as a professional can tell you all now--- passive movement, sending letters, long term planning with no actions will not help


    People have left IV, who are so disheartened and believe this organization has lost its eedge and is all talk and no walk above all a money scam.

    Prove them wrong and do something big,





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  • unitednations
    04-20 12:15 PM
    I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.

    "skilled worker" is where job requires two years of experience. They share same quota as eb3 professional worker (job requiring bachelors degree). Reason for so much retrogression is that there are many occupations which fit into skilled worker



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  • cjagtap
    07-22 09:53 AM
    Pd-april2004
    Approved 140
    485 Application Reached On 2 Nd July At 10:23 Am At Tsc
    No Check Cashed Yet
    No Response From Uscis Yet
    My Guess-1 More Wk
    Hope They Cash The Ckeck Before August 1 St Wk,so That We Do Not Have To Send Another Application Just To Be On A Safer Side
    Anyone Is Planning To Send Other Application If Do Not Hear Anything From Uscis?





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  • pappu
    10-16 08:07 AM
    H1b humane-hear my story..it cannot be as inhuman as it can be..(i have written the story in one of the forums before also..)

    My PD-Oct 2001..Eb3..My wife RIR-almost making it thru I140when all hell broke loose in our lives...my wife was pregnant and because of stupid gynaecologist..she ended up in hospital with complicated premature preganancy..guess what..as if it was not bad enough..her company got acquired just when she was admitted in hospital...imagine wondering about health insurance when she was kept to bed rest with no mobility allowed..we filed for insurance by mistake..which said that 20% in patient.....we were so shaken that even human resource did not advise us..guess what..baby was born..and it was surmised that baby will have long stay in hosiptal...2-3 months(eventually it was 4 months!)..somwhere around the first month..I realized that her insurance..will rip me off..I called right at the end of the first month..and tried several times to put my wife and baby on my insurance so that i don't end up paying 20%..it was lot of efforts until I found some desi in Blue cross insurance who put the whole family from the first initial month..when normally people get the policy for the following month at that time.

    one down --and then another came..my wife was called to her office from hospital saying that..since there was lot of work in her office..she could come for some days..guess what..she went back..thinking..she could finish work and then take extended leave....guess what..she was laid off..and with baby in hospital..and lay off..plus a rush to change her status to H4 visa..imagine the workload.....finally got her status changed..to h4 visa..with GC and labor in trash...

    I was so disgusted..that I started writing to Governor Shwarzenegger' office..who put me with Senator Diane Fienstein..and of course labor secretory Chao..after all the correspondings..all I got was my D number listed from Dallas..their sympathies...ALL I WROTE to them..Hey I want to change jobs because in those days I was commuting between LA to San Diego..where my baby was hospitalized...I wanted to be with my baby..and not work..but it was not possible..if I did..then I could get out of status...I even wrote to Department of Homeland security...and got no reply...they don't care..I ahve to be illegal to get sympathies..I guess!

    Situation was bad..finally baby was out of hospital and I weathered all with help of Almighty...and now I am so disgusted with system..that I am moving to vancouver...

    But I have another pleasant surprise..my boss wants me to work from vancouver and visit office once in a month...I don't know...whether it is possible...stay in vancouver and visit LA for 2 weeks and then go back and still maintain H1 status..

    what do you say..after all the stress!

    DB


    Sorry to hear your situation. There is you and several other members who I have had a chance to speak to, are going through a tough time in life (both on personal and professional fronts) due to not having a greencard. Such experiences are my motivation to work as a volunteer and core member for IV and do something to solve problems faced by several thousands of people like me. IV is currently the only organization in USA working for the cause of legal high skilled immigrants. This IV forum has brought all of us together on one platform where we can share our views and pain. Members have come up with ideas and helped this community in any way they could. Some members decided to join this effort as core members and pledged more time and effort in order to bring relief to all of us. It is not an easy job. There is nobody else to work on the issues we face. You have yourself seen how the govt. and lawmakers responded to you and still did not do anything when you tried yourself as an individual. When we try to raise such issues collectively as IV, lawmakers do hear us. With greater membership numbers and resources we can certainly do much more to influence them and get the laws changed. Members pls. help us increase our membership and funding so that we can all collectively bring about a change and provide relief to everyone in our community. desibechara, If you have decided to move to Canada, good luck to you and your family. Do keep in touch with this forum. Hope we all members of IV can collectively work soon enough to get something done for ourselves to end our miseries.



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  • unitednations
    08-15 04:27 PM
    I don't quite understand these "citizenship" worries. Am I missing something? You are not required to keep W2s for more than 3 years. You can apply for your citizenship on 6-th year and list your employment after 1 year of having GC. So you appear on interview showing last 3 W2s and that's it. Why would it lead to denial of citizenship?

    Everyone wants to play it safe until they get greencard and then everyone becomes risk taker after greencard gets approved; because they feel uscis is no longer watching.

    Have you ever seen an RFE; where a company is asked to account for all h-1b, L-1, I-140's and people who got greencard through the company and where they are?

    I have seen it. It is where there is an imbalance between current employee headcount and number of greencard filings. This imbalance will always exist in staffing companies because everyeone eventually has to file labor/140. At certain points of time there will be more pepole who have gone for greencard then what the current headcount is.





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  • villamonte6100
    11-01 05:18 PM
    New DL renewal Procedure is a painful process which started August 1, 2006.

    The process involves;

    1. Visiting a DMV office and they will ask for your documents and give you a case number which you will present to MVI.
    2. MVI will investigate your immigration status with USCIS and you will receive a letter after 5-7 days. If there is a problem, it will take upto 9 weeks. This means, you cannot drive until they have verified your legal status in the US.

    This is a new procedure and I know a couple of friends who currently cannot drive because they cannot renew their license.

    At first, DMV branches were unaware of this new procedure.

    Has anyone been through this new process and successfully pass through MVI and renewed their license or is anyone waiting for the letter from MVI for more than 7 days.



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  • anu_t
    06-18 11:47 AM
    :( :( Another important question is: Will USCIS allow AC21 without an approved EAD?

    Why wouldn't they?:confused:





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  • siravi
    10-02 04:46 PM
    Will be there



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  • funny
    09-29 01:21 PM
    No offense to anyone, you are still free to discuss anything you want.

    The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

    Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.





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  • reddog
    01-14 02:49 PM
    This bill if and when passed would let anyone in the US apply for an AOS.
    Ahead of us(i doubt it).
    This is just a rebranded version of something the dems were interested last time round.





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  • floridasun
    12-31 12:45 PM
    I think you are wrong... Company A can revoke approved I-140, if employee leaves them..

    So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?





    vaishalikumar
    08-27 03:56 PM
    I am also in PA and my DL(driving licence) will expire in last of September month and my H1b extension is still pending at California Center . Can i get DL renewed from PENNDOT on the basis of Receipt Notice of H1b Extension and a letter from employer ?





    morchu
    08-15 07:52 PM
    When you use AC21, you mention a new employer, and that is the employer you "intent" to be employed for an infinite period of time, after getting your GC.


    [QUOTE=Slowhand;147322]

    If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.

    cheers



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