desi3933
07-10 03:32 PM
Agreed that H-1B has a fixed date. But from the employer standpoint, you're their "full-time, permanent" employee on H-1B, right?
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
Now you have come down from legal standpoint to employer standpoint! :D
The answer to your question is No.
Employer sponsors GC so that employee that is temporarily employed on H-1B can become permanently employed on GC job.
Again, you are mixing H-1B job with GC job.
Let me ask that question again (because you got confused last time)
Look at the I-140 application for GC (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
You still believe that no job is permanent. If so, all I can say, more power to you.
Have a good day!
_______________________
US citizen of Indian origin
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man-woman-and-gc
09-17 03:47 PM
Lets not waste our energy on those who don't believe USCIS has done anything wrong or are content with the current state of immigration....lets focus on getting more and more support to this movement.
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
Ohh..BTW..i had another experience that I would like to share....Today, I went to renew my Driver's license which is expiring next week. I have already applied for H1-B extension. They did not renew my DL and sent it for immigration verification to SAVE(Systematic Alien Verification for Entitlements). This process takes up to 3 months and till that time I have to stay without a DL. Worst part, when i went for my DL renewal last time..they did the same and I had to go thru the hardship without a DL for 3 months. I live alone..so imagine how I will live without driving here in US. I have been in US for 6 years and have 6 years of clean driving and immigration history.
I have another friend who went thru the same last year, his condition was even worse as his wife was pregnant at that time. The poor guy had to ask his friends for favors and hire cabs to take his wife to hospital for 3 months.
All of the above, because of the broken immigration system. If we don't raise a voice now,...when will we !!!!!
amits
07-20 12:08 PM
Aman, Hats off to you!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
If you, core team are not taking the reimbursement, then I will contribute my pledged amount to IV contributions.
Thanks for everything you've done for legal immigrant community!!
It's a pleasure to be a part of this group!!!
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mygoodluck
08-13 03:53 PM
Guys
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
Just saw my cheque cashed.. I think it got transferred over to TSC. I sent to NSC on Jul 2. And yes i had LUD in my I-140 as 7/28
can you tell by the images of cashed checks that were they cashed by TSC or NSC... or any kind of SRC# or LIN# on them to indicated whether it was cashed by TSC or NSC?
more...
Sri_1975
08-08 04:53 PM
Enjoy Freedom..
h1techSlave
11-17 03:50 PM
sent
more...
eb3_nepa
08-18 02:38 PM
Exactly... there is no such thing as LOW HANGING BALLS.... they shuld be fair to everyone... this is just a case of discrimination... first make all these useless categoreis... EB-1, eb2 blah blah..... i mean cummon who the fuck are they to decide how important my work is.... or under what category it falls... i thought the americans considered all work equal.. and respected everyone... well that was my impression before coming here... anyways.... so much fucking hipocrisy....
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
Ok people, the *F* bomb is being thrown about a LITTLE too much here.
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ksrk
05-13 03:56 PM
Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.
There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.
more...
lskreddy
09-13 11:31 PM
Thanks for starting the thread. I share your grief and agree that we gotta do something. As much as I agree that we have to fight for our rights, I am not too sure if suing is the best option.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
Again, if you all decide too, I will be more than glad to contribute my 100 but do we have enough ground to ask the questions in such 'blunt' manner? As much as you and I believe that our lives are completely topsy-turvied by these arcane policies, would some one arguing against our claim say that we are still entitled to do what we were allowed here to do. The employment visa allows us to work in a certain kind of job and nothing is hampering that aspect. Yes, it screws up promotions, displaces your plans to stay and has ill-effects both at a personal as well as professional levels but still..
If we have to sue, I think the ground work one has to do is immense. Find significant amounts of data from USCIS in terms of how random their approvals are and how it affects you after we all paid monies expecting a totally different pattern. If this can be accomplished, we could sue them probably for their lack of customer service, by-passing their guidelines on a consistent basis and thus hampering the lives of several people who were here for example in 2001, etc. I strongly believe data is our best friend (worst too, as it is personal data that we probably might not be entitled to even enquire..)
Again, I am no lawyer. I am sort of playing devil's advocate and just thinking through the obvious rebuttals. If we were too get enough data, combining that with active media publicity and some innovative ideas (flowers/clocks/watches whatever) or getting the businesses to acknowledge, then we may see certain changes.
I don't mean to damper your spirits by any sort. I certainly like the 'return my money if you fail to live by your own guidelines'.
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amitjoey
07-09 04:10 PM
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Thanks Naveen for the initiative.
Thanks Naveen for the initiative.
more...
flthere
07-22 03:34 PM
Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D
Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.
Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.
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Cali2006
07-02 08:41 AM
My status:
Jul 2, 2007 7:24 AM
At local FedEx facility
LINCOLN, NE
Jul 2, 2007 7:24 AM
At local FedEx facility
LINCOLN, NE
more...
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hpandey
07-20 05:13 PM
Correct me If I am wrong
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
I think you hit the nail on the head.. EB2 folks don't contribute since their problem is over and EB3 folks don't contribute since they don't have any hope left.
out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.
Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....
Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved
Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.
Many people are saying that EB3 members are not contributing that's why you are lagging etc...
EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...
I think you hit the nail on the head.. EB2 folks don't contribute since their problem is over and EB3 folks don't contribute since they don't have any hope left.
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shyamkishore
02-09 09:26 PM
Dear IV Guys,
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
I have been a passive observer of this forum.
I have done one time contribution of 100$.
Here are the details:
Payment details
Transaction ID: 57T11728MH365274A
Item Price: $100.00 USD
Total: $100.00 USD
Order Description: Contributions
Item/Product Number: Contributions
Buyer: Shyam Kishore Kuppu Rao
Regards,Shyam
more...
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h1techSlave
03-28 10:46 AM
I have read in these forumns that USCIS wasted around 11,000 visas in 2007. The way things go, they will waste another 10,000 visas during this year also.
Stopping this wastage should be our #1 priority. But nobody seems to care about this point. Even Murthy during her discussions with USCIS does not seem to be talking about this wastage. I wonder she is even aware of this problem. May be the lawyers are very happy to extend EAD for each of us for eternity.
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.
Stopping this wastage should be our #1 priority. But nobody seems to care about this point. Even Murthy during her discussions with USCIS does not seem to be talking about this wastage. I wonder she is even aware of this problem. May be the lawyers are very happy to extend EAD for each of us for eternity.
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.
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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 ?
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 ?
more...
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Kodi
07-31 02:08 PM
Are AP's being approved faster ?
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
When did you apply ?
USCIS received it April 22, 08. Filed all the forms together I-140, I-485, I-765 & I-131.
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TomPlate
07-05 09:40 AM
Received at Lincoln, NE. Sign by Santda backin Kulcha at 12:00 AM on Sunday night.
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gclongwaytogo
10-12 03:29 PM
Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
Sent to NSC on july 2nd. Received by them on 3rd.
Had LUD on approved I140. (Transferred to TSC)
RNs start with LIN!!!
anzerraja
07-19 08:36 PM
Thank you !!!
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
Pledging 200$ for this cause. The moderator of this thread let us know how and when should we send this amount.
Libra
07-06 10:38 PM
WOW!! I really feel good and proud to be a member of IV, many members(even seniors) should learn from you guys, instead of critisizing whatever others do, come up with good ideas.
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