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Sunday, June 26, 2011

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  • nik.patelc
    04-08 03:59 PM
    Nik,

    Did it say anything on your online account about RFE when you received the email, or you just got the email i.e. when you click on the receipt number it shows status of the case which usually shows a generic message that the case was received and is pending, so did that message change?

    If not, then did anybody else who got the RFE had that message changed?

    Thanks

    Yes status has been changed to : Current Status: Request for Additional Evidence Sent.

    There is no information about RFE.





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  • sagar_nyc
    11-03 05:06 PM
    May i know what kind of decisions we are making based on different priority dates of members in EB3
    Please Vote, this is one of the best way to know, where we stand. Make a lil easy in making further decisions.





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  • Macaca
    02-06 10:57 AM
    So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.

    I got my H1B from a University starting Aug. As far as I understand, there is no H1B quota for non-profit. I also have a US degree. There is a separate H1B quota for US educated.

    I don't know where I was plugged in. I don't remember any details.





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  • Canadian_Dream
    09-13 04:02 PM
    I hope my previous post is not taken in any negative sense. I was only expressing my opinion. I believe in what IV is trying to accomplish and I have contributed to the cause. I was only implying my reservations to the fact that SKIL bill will be on some sort of fast track just because we are all waiting for 5 years. I was only saying requesting a small measure will go a long way to help us all, instead of looking for a big pay day from Skill Bill.
    There is a talk of border security bill that could be vehicle for our cause, provided we ask for reasonable measures.

    http://seattlepi.nwsource.com/national/1153AP_Congress_Border_Security.html
    http://washingtontimes.com/national/20060912-111217-9472r.htm



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  • nogc_noproblem
    03-13 01:17 PM
    Awesome

    Folks,
    This my copyright and very much pertain to our situation:
    *********************
    I left my world in search of prosperity
    The prosperity is taking an eternity
    My struggle is long and daunting
    Making it more and more frustrating

    Life at times seems uncontrollable
    Flowing with the time unstoppable
    Graying hairs testify for the feeling
    Fat belly making me further unappealing

    Sometimes I think of going back
    Try to gather the courage that I lack
    But the world I left is not the same any more.
    And the world I am in, has lost its lure.

    I am on the crossroad of my life
    One is forward, one is left and other is right.
    I don�t like the choices shown
    May be I would have to create a world of my own

    ***************
    Thanks





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  • like_watching_paint_dry
    08-15 01:10 AM
    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.


    Not sure about you, but a lot of the people enrolled into the doctorate program in the 2001-2004 time-frame out of necessity. They could not find a job after their masters and decided to go for the quals as a fallback. If you did actual research, you should have enough publications and acclaimed research to get you into EB1. If not, well then there's no need to cry in self pity here because you are getting exactly what you deserve.



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  • h1techSlave
    05-26 12:41 PM
    There is a chance that all unused visas over the last several years will get assigned to FB quota and EB folks will loose all those visas for ever.
    There is nothing in it for us. In-fact, if this bill passes, they are goin got apply the unused visa numbers towards FB, and we will lose any chance of re-capture, for-ever.
    I think, we have a lost cause. The sooner we accept this, the better. We simply do not have the funds, commitment and political support that the illegals enjoy. We all know where the maximum nubver of FB immigrants are from, and they represent a big block of votes, since most of them happen to have the herd mentality, due to lack of education.

    We, on the other hand, are educated, well read, tax paying people, who actually think about issues and merits of a person, hence no use to politicians.





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  • scorpion00
    07-01 10:05 PM
    I would like to share my experience and it may help some people here.
    My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
    Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
    After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
    I would request everyone who is a victim of these blood sucking employers to
    take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.



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  • StuckInTheMuck
    04-30 01:42 PM
    Thanks. I have seen this document before, and if we are both looking at the same place (top of page 10), this is an average estimate that sweeps lot of detail under the carpet. USCIS's yearly updates (http://www.uscis.gov/files/article/Local%20Processing%20Times_FINAL_11Aug08.pdf) reveal more. As I said earlier, depending on where you live, your processing time can be anywhere between 5 and 15 months. From my visits to several naturalization-related threads, I have rarely seen anybody who became citizen under at least 1 year, going as far back as 2002. You are right, we won't expect another rush now as it was in year 2007 (compare the "Total" number naturalized in 2008 with that in 2007, Table 2, page 3, here (http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2008.pdf)). But then, who knows what can happen after 5 years.





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  • QuietFlowsTheDon
    11-01 11:12 PM
    I received "Notice mailed welcoming the new permanent resident" email this evening(Sunday). The only emotion i feel right now, after being in this country for 9 years now, is relief.

    i have an EB2 140 with by current company with jan 2006 priority date.
    i tried to port priority date of my EB3 140 with my old company (Sep 2003) and that worked out finally.

    initially i sent the letter to port date in march 2009.
    I resent the letter to TSC last august. I noticed a LUD on my case after this letter on both 140s.

    Thank You All.



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  • vina92
    02-07 02:43 PM
    This is a great point. Even if we get one time relief,that should suffice because retro might not happen in the future as there will not be 245si/195kH1bs. I hope one of the core group members might want to look at this. This will atleast counteract the exaggerated and bloated immigration numbers by the antiimmigrant groups.


    It is just speculation that it will take 10 years or 15 years. Actually past 3 years atleast 50% h1 were used by TCS,WIPRO and similar companies. So those who are processing gc is less. But it may take some time to clear current backlog as we had 195k H1 cap till 2003. If 65k h1 cap is there then it will be 3 year waiting period for EB2 and 4 to 5 year for Eb3. People will speculate based on number of H1s. But their calculation is not including the number of people who are giving up and also many people are going back. But if they increase H1 then the situation may become worse. I think one time releif will be enough to resolve the issue for
    next 5 years. But Skil bill is asking too much(May be for permanent resolution of
    gc issue) and opposition is more as anti immigrants are quoting the numbers. Remember in 2000 the relief of recapturing previous few years did not attract
    large opposition and passed easily. Simlarly if H1 increase also limited for 2 or 3 years that can be passed easily as we can convince Senators like Sessions.
    But if we keep on asking so many numbers of H1 and Gc and also exemptions
    for Master degree then we have to wait for CIR as this will have lesser impact
    in numbers compared to illegal immigrants.





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  • gcformeornot
    12-13 08:43 AM
    ^^^^bump^^^^^



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  • m306m
    06-11 05:14 PM
    Why do they come on wife's account ? Is it legal if spouse makes mistake in any case ?
    Wife or child account is considered a 'FAMILY' account and they can impound that account. Unless you divorce your wife and then transfer the money into that account you cannot expect that the money in your wife's (or ex-wife's) account is safe if a judgement is passed against you.





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  • waitingGC
    02-01 02:14 PM
    In my view H1B problem is directly related to Retrogression problem. Lets step backwards and analyze this.

    Why so many GC were applied at the first place that caused retrogression. Because a large number of people came on H1B to US. All these people who came to US on H1b did not actually had any extraordinary skills. These people somehow got in touch with these Desi Consulting companies and came here without any skill and without any projects. These desi consulting companies applied there GC irrespective of the fact that these guys have a job or not. Some of the people I know have sat on bench for years, living with their relatives, unable to get any job. But they had their labour filed. These knid of people would not have made to US, if these fadudent companies were not there.

    Also big companies, have a policy not to apply GC before one year of service. The point was that these companys will file GC only if they feel that the employee adds value to the company. But with these desi companys people have filed GC even before joining the companys.

    In essence if the GC process was working without these Desi companies, I can bet that the number of GC applied would have been much lower than what have we currently have.

    Substituted labor has further added to this problem.

    I cannot agree with u more. Exactly what I want to say.



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  • vinoddas
    07-11 07:28 PM
    I just got to this forum through some means and saw this thread. I work at Oracle and so I have sent it to the Oracle mailing lists for their support





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  • fasterthanlight�
    06-22 07:31 PM
    wow it's just a stupid poll on a friggin PS battle guys, you sound so desperate...

    Thats because I want to win dammit.



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  • gc28262
    01-28 04:01 PM
    Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.

    Your saying that memo is illegal does not mean anything more than your personal opinion.

    H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.

    PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.


    ___________________
    Not a legal advice.

    I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.

    The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.

    Please refer this link

    http://www.murthy.com/news/n_repatt.html



    Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
    The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.





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  • arunmohan
    06-12 03:13 PM
    At least we should know that what is cooking inside. Because people are hanging here from 2001, USCIS should let us know how many GC(s) assigned to EB-3 India/ROW in 2008.

    I would like to add one more item here but I don't know how many know this fact. I have seen and know that when someone wins a green card from Lottery, USCIS gives GC to all dependent family members of that person and they count one GC but in EB base they count GC for all family member(Primary applicant plus all his/her dependents). I think this is an Unjustice with us. We should raise this issue too.





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  • desi485
    02-11 01:09 PM
    Friends,

    I did a quick search and did not find answer to this. Apologise if this is a repost.

    But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?

    Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.





    vxb2004
    11-03 05:47 PM
    Congrats to all who got their GC's.It must a truly relieving moment.





    santb1975
    06-02 12:07 PM
    Please make your calls. This is for everyone. Please take the poll after you called. Thx

    Since all the reps are from California, Is this only for California members?

    If not, let me know and I will get on the horn as soon as I can (probably not possible today, maybe tomorrow).



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