Thursday, June 30, 2011

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  • KRock
    07-11 10:54 AM
    I'm a producer for Al Jazeera International in D.C. and I'd like to get in touch with someone about this story for our network. It would be nice to talk with you this morning (Wednesday 7/11) I can be reached at 202-496-4519 or 202-651-1613. Thank you for your time,
    Kelly Rockwell




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  • Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?




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  • looivy
    07-20 10:56 AM
    IV could not even collect 20K in the Washington DC drive. I hardly saw EB3 folks contributing. If every EB3 person contributes 50USD, it will be enough to run a campaign. Action is the key, not posting in forums.

    Pl don't make blanket statements such as this. BTW, I contributed to DC advocacy and many other EB3s also did the same.

    Fixing the language so that folks do not take it personally.




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  • gc28262
    06-28 10:48 AM
    desi,

    I am not trying to make an argument here. I am saying what I am seeing in law.

    Security Clearance.
    I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.

    <quote>
    Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.

    </quote>

    On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?

    Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.



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  • starving_dog
    06-27 07:03 AM
    Another reason for optimism, read his last three entries...

    http://www.visalaw.com/blog.html




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  • vinabath
    04-23 04:32 PM
    my opinions in bold
    Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.

    -- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2

    In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.

    -- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .


    Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.

    you are right but this is also forced by H-1B employees.

    Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.

    Thats pretty optimistic and long term thinking.

    For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.



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  • another_wei
    08-26 03:46 PM
    As it starts with Axxx, I think it should be Alien Number.

    Very strange i mail my I-485 on July 19th and got my receipts and check cashed. But I see other peoples who mailed July 2nd and they are still waiting for receipt? Why is that? Does not make sense.




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  • mqualique
    05-01 01:47 PM
    Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.

    Dependends will come under

    FAMILY-SPONSORED PREFERENCES

    Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
    Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

    The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.

    Primary -> Gets visa number from EB 1,2 or 3
    Dependents -> Gets visa number from FB2

    Wife and children need not wait because FB2 is not that retrogressed.



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  • apahilaj
    03-04 04:54 PM
    As an update,
    I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
    I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
    I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.

    So basically, this is the 3rd time I call and the first time they're willing to do anything to help.

    I got same exact response as you regarding 60 days wait - only difference is my name check is still pending. Personally, I don't trust this any more until I get it...




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  • imh1b
    02-04 03:51 PM
    I cannot stand the Sardar and his super corrupt party also sick of seeing that joker 'Rahul Gandhi' face they show him 24 X 7 on all Indian channels...I curse him every single day when I see his face in the Newspapers. These b..stards have eaten our country like parasites. If I go to India, I will have to see his face everyday...I'll rather see Obama..

    But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.



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  • trueguy
    07-28 09:54 AM
    With EB2 getting all the spillovers, there is no per country limit for any category except EB3-I. Why?




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  • sheela
    08-01 05:02 PM
    I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
    if I-140 is approved at Texas.
    Has anyone have any idea?
    My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?



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  • dtekkedil
    07-03 07:18 AM
    It is good to know that there are a few willing to do something about this!

    But we need more people!

    Even about 50 people is a good start! Come on people... spare a few minutes and take part in this protest!

    Don't go on with your lives as if nothing happened and don't think that nothing will happen!

    Most of us come from the land of Gandhiji... most of us have forgotten what that one little man achieved! But the fact is he couldn't have achieved everything that he did if the people of India didn't believe!

    So start to believe people! You can make a difference!




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  • amitjoey
    05-23 11:37 AM
    I sent the email to senators but was disappointed not to see any SKIL provisions like MS, PHD exemptions.

    Pitha, we do not need SKIL, if we get greencard quickly. See item 3 on the list.



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  • ganguteli
    07-08 11:11 AM
    Where is Moira from Buisnessweek?

    Why can't she cover this?




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  • syzygy
    08-19 11:44 AM
    ,,
    USCIS has invented a very nice random number generator. They use it for every purpose

    1. To declare visa bulletin (canbe any day of the month)
    2. To decalare processing times (can be again any day of the month)
    3. Processing times themselves (can be anything)
    4. Processing order (can be anything)
    5. Answers from customer service (one can say "Your case will be processed in 60 days", other will way "we do not know anything more then website")
    6. Answers from Service Requests
    7. Answers from Infopass appointments
    8. Unpredictability in transfers (eg. mine was transferred from NSC->TSC->CSC ..nice roaming)
    9. ..the list goes on and on (feel free to add please, I think there is no limit).

    Sorry, my mistake, there is one thing predictable in USCIS . The predicatble thing is unpredictability



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  • shreekhand
    02-02 02:25 PM
    Well, I kind of expected a response to my kind of personal remark in the earlier part of the post than what I wrote later in the message... never mind, that's the human mind.

    Don't know about you but I for sure don't rely on just conversing with NGO's or reading news about "atrocities", but actually have involved myself in traveling, teaching and helping institute schools in tribal areas of Jharkhand (Ghatsila-Singhbum), where education had never even reached. The sparkle in their eyes, hospitality and values beats what we find urbanized and modernized world (had the same experience when I visited central Cambodia last month). I also see that casteism is not the same all over in India (a lot less in the west (when I was in Nanded district in Maharashtra) than the north and parts of south) and that it is rapidly changing (compare the caste discrimination 70 years ago with that today, even my active 85 year grandma who has traveled a lot in India, couldn't resist expressing her positive wonderment). The caste discrimination is severe no doubt in certain parts, nor am I trying to water down your experiences - but remember making a blanket statement for 1.2 Billion people demands a lot of explanation!

    There is difference working on the ground to make a transformation and witness it from a holistic sense than having a 5 feet level view. Hope you don't take anything personally... but maybe just grasp the gist of my experiences/thoughts.

    Really apologize if I hijacked the thread in anyway!


    This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
    Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.

    Peace.




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  • pamposh
    08-11 11:47 PM
    Interesting... looks like they set up some kind of automatic system ... I got an email as well for "Card production ordered" for me and my spouse a few minutes back... unfortunately it is not for GC but EAD...

    PD Sep 05 India EB2




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  • mirage
    03-07 11:25 AM
    The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...
    Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.

    IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.

    How does putting a cap on total visa allocation per year promote diversity ?




    desi3933
    01-30 05:23 PM
    You being US citizen or president of USA does not mean much to us! I have requested you to show me "so called 30 day rule" on any of the official web site (For example USCIS). I have asked you this several times. Every time You just direct us to some lawyer's web site/university web site and expect us to believe them.

    Show me the information on official web site and I will shut up.

    Since you asked -

    Here is link from Department of Labor website. Read for yourself and I have included relevant quote.
    Link (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    (ii) Even if the H-1B nonimmigrant has not yet "entered into employment" with the employer (as described in paragraph (c)(6)(i) of this section), the employer that has had an LCA certified and an H-1B petition approved for the H-1B nonimmigrant shall pay the nonimmigrant the required wage beginning 30 days after the date the nonimmigrant first is admitted into the U.S. pursuant to the petition, or, if the nonimmigrant is present in the United States on the date of the approval of the petition, beginning 60 days after the date the nonimmigrant becomes eligible to work for the employer. For purposes of this latter requirement, the H-1B nonimmigrant is considered to be eligible to work for the employer upon the date of need set forth on the approved H-1B petition filed by the employer, or the date of adjustment of the nonimmigrant's status by INS, whichever is later.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




    aquarianf
    04-23 12:21 PM
    I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
    I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven�t. The company is located in NJ and not sure how non-competes work under NJ state law.
    I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF saying the upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
    Plz give me ur valuable inputs

    I just read first page of this thread and would advice that don't follow most of reply because they are lawyers or they have not gone through the experience you are going through. $4000 may not be big amount compared to hassle of law suite , piece of mind or the amount of increase you may have received by switching employer. I know a close person who had gone through exactly same situation in NJ and had to pay 12,000 to settle the case. I have seen bunch of people in same situation and my friend always adviced them to stay away from law suite. If your current employer is not big then there are greater chances that it will turn away from you in case of law suite.

    If you are not working with same client that you were working when you were in company A then non-compete may not hold against you.

    Also can you get in writing from you current employer that they will support you in case of law suite?



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