dish
12-10 01:31 PM
I had read on the other forums about people receiving phone-calls from USCIS with enquiries about the employer, client, wages etc. They introduce themselves as USCIS personnel and take sensitive information from people. Could they be imposters from the Anti-Immi Side. I do urge caution not to give any Info on the phone. If USCIS wanted info from the H1B holder, they would have done it through regular mail.
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gc28262
08-25 08:03 AM
gc28262,
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.
Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.
I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.
However I dispute your point "some companies file petitions when there isn't an immediate job offer".
There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.
H1Girl
04-30 01:01 AM
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
This could be dream. I have been waiting for last 4 Yrs to see my date to be current. It took 3 Yrs to move just 6 months. Mine is 12/2001(EB3-India). 2 more months..sorry 2 more years to wait...
I don't blame anyone. EB3 are less educated or less skilled than EB2. America wants Highly educated. They process EB2 first. Any leftovers Visas will be given to EB3 guys. Hence EB3 people have to face long waiting. This is my understanding of how they process EB3...
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Macaca
07-10 10:13 AM
Thanks for posting this link. This is a must read on AOS.
8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
8 CFR PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cf90b70814c3464912a08093ce96e 83c)
This link is for section 245 in TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) (I think!) . This CFR may have other sections of use for us. For example, there may be section 240 that explains some other GC stage.
Please post a link that is table of contents of CFR. That is, it gives all section titles in CFR: Sec 1, Sec 2, .. Sec 245, Sec 246, ... Thanks!
more...
akhilmahajan
02-09 11:40 AM
Thanks a lot.
Can you please help in keeping this thread on the top?
Akhil,
I will mail $21.00 Cheque today itself.
As soon as 5K has been collected, I will contribute another $50.00
GCCovet.
Can you please help in keeping this thread on the top?
Akhil,
I will mail $21.00 Cheque today itself.
As soon as 5K has been collected, I will contribute another $50.00
GCCovet.
InTheMoment
08-01 08:29 PM
Up until July 29, 2007 (incl.) when sorting of files was going on, NSC did a load sharing of files with TSC. (and btw they did not look at where ones' I-140 is adjudicated when making the selection, it was random. I know several such cases)
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
This in my opinion is a very good way of making sure adjudicating resources are kept in balance at both centers.
Like somone quiet rightly pointed out it is akin to the old Labor Certification process where some states were way faster than others (less demand faster process).
In the direct filing which started July 30, 2007 the load sharing has a great possibilty of being tilted one way or the other (though maybe not as much as old LC's). They have made a geographical distribution and not one that factors # of applications traditionally received from states.
On the other hand, may be USCIS has figured that the particular geographical jurisdiction produces the right load sharing between NSC and TSC!
more...
sathweb
01-30 01:05 PM
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.
How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?
Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
How can you tell he/she is representing false?
People like you are the ones who are dividing the community.
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diptam
06-27 12:26 PM
Another clause which dreads me ... "Waiver of Rights"
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.
>> Can there be agreements with open ended time periods
No. Usually agreements define maximum time period or a condition (whatever happens first).
Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
more...
ghost
06-21 10:03 PM
GCBy3000,
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
You cannot quote a post which is day old and ask the question "what are the hearings for?". Apparently the post you are quoting is made before the news came out that the hearings will be held. Is this GC thing getting on your nerves:)
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Now to the big question, as of today, what is the status of CIR Bill. The hearings will be held in the month of August (House Folks are planning to call in the Senate Members to testify in these hearings, which is impossible because the Senate will be in Recess in the Month of August).
So the most optimistic guess would be that the hearings will be stretched into September. In October, the Senate (I'm assuming even the house) will go on recess again for the elections in November. Once the hearings end (September) and the elections end, depending on who will control the majority, the CIR bill will be brought into day light. The reason I say this is because CIR is the only way, as of now, they are dealing with the border problem. They have no choice but to address the border problem, for security reasons.
So the CIR will be discussed again, optimistically, in december. The House will name the conference committee members and schedule the conference committee. The conference committee may meet and discuss the differences in December/January. I'm confident that both chambers of congress will be more comfortable to deal with CIR after the elections. As I have said earlier, they have no choice but come up with some kind of border security legislation out of the conference committee. Optimistically, CIR may become law by next summer and it would be helpful for us, if our provisions survive the storm.
I agree with the "Passing under the radar" philosophy put forward by IV Core Team. Our best bet is CIR compared to other explicit bills like SKIL. Besides, if I understand SKIL correctly, it benifits only folks with Master's degree in US and 3 years of work experience in a related field (I do have this). So that is not a comprehensive solution for IV members.
The anti-immigration and outsourcing sentiment is high in this country now. Also, the corporations are only lobbying for H-1B visas. They will never lobby for GC's. It's against their interests for us to get GC's. So we, the GC seekers, are on our own. IV membership is below 5000 and our contributions are around 130K. IMO, this is not enough to influence the president to sign an emergency relief bill (someone suggested this) or even lobby the Congress for explicit bills like SKIL.
The best thing that we can do as of now is to get personally involved in recruiting more members for IV. I've pledged to myself that by the end of July, I'll ensure that I'll recruit 10 new members for IV. If we can get our membership atleast close to 50000 by the end of this year then we can make some significant noise.
So our options are:
1) To wait until next summer for CIR
2) EB3 folks with PD's as 2003 or higher, try to find a new job and file as EB2
3) EB2 folks with PD's 2004 or higher, try to find a new job that'll file for GC within 6 months
4) People who are in 7/8/9 years extensions of H1-B, consult good immigration lawyers and weigh in your options. The worst case scenario for you is to stick with your current firm as long as it takes for your GC. But there is no harm in trying, you may end up finding other viable options.
Long post, huh? This GC thing is getting on my nerves too:)
Peace Out!
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chandarc
07-21 08:31 PM
check.
Yes, Please share the template.
Yes, Please share the template.
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anandrajesh
05-28 12:41 PM
Me & My wife,
emailed Minnesota Senators + 10 senators mentioned.
emailed Minnesota Senators + 10 senators mentioned.
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kannan
02-15 11:25 AM
Me too, No FP till Today.......
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11-17 03:39 PM
Done. Twice, one from my e-mail and the 2nd from my wife's e-mail.
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07-09 06:47 PM
awsome....
Now we should let the media know . Walter Reed ! could not ask for a better place. The Patient and soldier deserve it . My heart goes to them as an RN.
Now we should let the media know . Walter Reed ! could not ask for a better place. The Patient and soldier deserve it . My heart goes to them as an RN.
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CADude
10-10 05:55 PM
I send my Employment based I-485/I-765/I-131 application on June 29th 2007 and received at NSC on July 2nd 2007 (USPS Express mail tracking no. XXXX). It�s more than 100 days and I didn�t even received the Receipt Number for all the applications.
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
I have following question for CIS Ombudsman�s office:
1) Per US Law, I have to get the EAD in 90 days of filling of my application? How I can get the EAD in 90 days where I didn�t even get the Receipt Number after 100 days?
2) Why �First In First Out (FIFO)� process is not followed by USCIS for receipting? It�s unfair to applicant like me when application filed on August 17th 2007 enjoying the EAD card and able to work.
3) What action you can will take to force USCIS follow their own operational manual guidelines and follow FIFO in future?
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sands_14
07-02 10:33 AM
Looks like 150,000- 200,000 applications will reach by tommorrow evening and USCIS will stop accepting even if they dont revise visa bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
And in such case,they will retrogress a lot more than 2003 or 2004 in august bulletin.
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reddog
07-09 01:14 PM
well, the question then would be, has anyone been denied after presenting an EVL which states the employee is a consultant ?
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Sachin_Stock
09-24 01:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
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shyamkishore
11-17 09:43 PM
Just sent the email ...
simple1
04-30 11:09 PM
This is my first post.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
My Employer's Inhouse Attorney ( one of big 4 ) says technically EB dependents ( all 1,2,3) must be classified under FAMILY quota. USCIS mis classifies them under EMPLOYMENT quota.
Is he technically correct ?
Since, Most of dependents will not be affected when they are classified under Family quota (as they have AP and EAD).
Can IV possibly consider for push for reclassification of Dependents under Family Quota ? This will reduce backlog.
Please don't take it out of context, I am not trying to hurt any EB dependents, I too have a spouse working part time using beneficiary EAD. This is more of an open question.
pamposh
09-17 03:00 PM
Pamposh - Point is not we getting money, idea is getting it back from USCIS. Whoever paid it, USCIS got it. Moreover, money is not the only issue. There are quite a few as we listed before.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
Completely agreed. It is not about money, that is just a small portion of the whole issue and it does not matter who paid it. Infact even if the employer is paying for our application he/she is not paying it for free, they pay coz we work for them so logically it could be considered our money...that is what we need to emphasize on.
Its ideal, we dont waste our energy on these.
I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.
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