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  • rkg000
    02-16 09:03 AM
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  • kshitijnt
    05-09 09:26 PM
    Dear Mr. President:

    This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.

    Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?

    I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.

    My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.


    Sincerely,




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  • sarangbeley
    02-25 08:20 PM
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  • obviously
    07-27 11:13 PM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.

    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?



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  • venkybr
    09-24 11:18 AM
    Anybody whose 485 transferred from NSC to VSC, received FP notice?




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  • jessie1981
    06-12 12:08 PM
    Usually it is a maximum of 2 weeks. NSC approved some in 2 days.
    FP notice in a month or so..
    EAD 90 days minimum I guess. I don't know about the other one as I live in MI. we do not need anything like that here.

    It takes 90 days MINIMUM to get EAD? I've heard that it takes at most 90 days to get EAD. Does anyone know?



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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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  • sanjeev_2004
    10-08 01:15 PM
    It already does, if you have an approved I-140 based on your LC.

    For old PD, pending I-140 should not be bottleneck.

    PD should be first criteria but US experience should not be ignored completely. US experience should be giving less point then PD.

    10 points for each month for PD and 1 point for each month for being in US. GC priority should be created after calculating total points for PD and for being in US.



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  • EADplease
    09-21 02:55 PM
    I got receipt numbers from the checks. Receipt notice date is Sep 14. But haven't received the actual receipts yet.

    For me, since my 140 was approved in TSC, my attorney sent 485 to TSC.




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  • the
    05-05 11:00 AM
    Today I spoke to a Representative who deals with immigration issue at Sen Mike Dewine's (R-OH) office. I spoke to him for 15 minutes to understand what he and his senator think about this CIR.

    Here is he and his senator feels about this bill. It is difficult for him to say that when CIR bill will be introduced in senate floor . It depend on Majority and Minority leaders to decide. Majority leader told to the media that he will introduce before the end of the may, he is mostly consistent, but there are several bills where he has committed a timeline and till today it is not on the floor.
    However he told that once CIR pass, legal immigration is already taken care of, but if it does not passes there are bills like SKIL which will be put before the floor. But CIR has to fail or pass before you see this SKILL bill on the floor.


    This might be kind of tricky. CIR might neither pass nor fail in the Senate but just being shelved. If that is the case, SKIL might never come to the floor



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  • i99
    09-25 03:57 PM
    I140 or H1-B is another story, but, I485 is solely your application. You are entitled to talk to the attorney who sent your application (and put his/her name as a contact to USCIS) BY LAW. For I485 he/she is representing you, thus have to reply to your inquiries. It might even be ILLEGAL for the attorney to give info about your I485 to your employer.

    How you can make your employer convinced about this? You might show evidence. Your initial aggrement with the attorney will help, too.



    Too much of patience needed for this. My lawyer sent the papers on july 2nd. Still no word about the Receipt notice. I can see an LUD on July 28th on my approved I140. my 140 starts with SRC.... Anyone similar to my case.

    Sub. Labor - Priority date aug 5th 2004.
    i140 approved.
    485 package sent on 2nd july. i dont know when/whether they receieved it.

    My company doesn't allow me to interact directly with the lawyer. is there anyway i cna find out whats going on....




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  • guy03062
    05-05 11:22 AM
    Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.



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  • ksurjan
    08-11 10:07 AM
    Applied for myself and wife on 6/30. No update yet. I hope I get it before the current EAD expires on 9/9.




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  • desi3933
    06-26 04:02 PM
    " Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ

    I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.

    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year

    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

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

    desi3933 at gmail.com



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  • apnair2002
    05-06 09:35 AM
    http://www.baltimoresun.com/news/nationworld/bal-te.immig06may06,0,3245994.story?coll=bal-nationworld-headlines




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  • rick_rajvanshi
    07-22 01:19 AM
    Hey guys

    My PR card in Canada was not issued; they rejected the photos I submitted with the original application. Now they're asking I submit new ones in PERSON!

    I will need to get a Canadian Travel document now to re-enter Canada now. Does anyone know how long it takes to get that issued?

    Plus, Since I'm using AP as well the whole re-entering the US with the Canadian Visas in my passport is once again an issue. I'm considering giving up on the PR card, since I've technically already completed my landing; I can re-apply for the PR card if and when I decide to move to Canada permanently. Can you guys advise?

    -thanks.


    I suggest you not to go back for pictures - You can get your cards when you decide to move permanently. Till then , if you need to travel to Canada you can do so only by road ( your own or rental car ) by showing your passport and landing docs. If you want to use any airlines , you 'll have to apply for travel docs at the nearest consulate.

    Rest assured, you can get your card when you finally decide to land. It 'll not be complicated. Just approach the CIC center and file for fresh PR Card with some attested documents.



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  • webm
    04-30 01:09 PM
    Any realistic numbers how many EB3 India pending cases are there with PDs in each of 2001, 2002, 2003, 2004 ...



    This was suspense every time..:(

    Anyone has this info/links to share??




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  • zoooom
    07-19 11:21 PM
    This is great going guys...Lets keep the ball rolling. I am sure we can do it.




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  • guy03062
    05-05 11:22 AM
    Guys...please stop this useless discussion of whether to give priority to US educated professionals Vs. Non-US education professionals. First of all, we are not the one who have decision power on this one. Secondly, it will make us weak by dividing on such matter. Rather, lets stop this useless discussion and continue working toward our common goal.




    arnab221
    12-16 12:31 PM
    Soilders returning from voilent conflicts have the Post Traumatic Stress Disorder( PTSD ) also called as Shell Shock . I coin this term "Pre Green card Stress disorder". or Pre Green Card SHock.

    Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .

    And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .

    Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .




    shana04
    07-20 01:03 PM
    Some one please update the excel sheet.



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