BECsufferer
05-09 07:46 PM
I am appalled by this development, but their is little in our control over this development. Evidently, it's repurcussion of mass conversion of EB3 to 2. But again that is not what we want to discuss over.
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
Their were couple of good suggestions, re-initiate Thank You/ Rose campiange and write mass letters of concern to Admistration. Petitions or challanges in court won't work, as immigration is not a right but previlage granted by USA. And USCIS will have sufficient data to back its claims.
Can we re-surrect mass letter campiange to Senators and Adminstration?
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another one
12-17 05:22 PM
That's what happens after tippoing point is reached. But there are numerous paths to the tipping point. I wouldn't attempt on generalizing them.
(like book tickets, find a job back home, etc... )[/I].
jazz
(like book tickets, find a job back home, etc... )[/I].
jazz
shaikhshehzadali
06-14 03:38 PM
Was ur I140 filed in Texas?
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cooldude
09-30 11:09 PM
I have started a thread on July 19 Filers Tracking. PLease update your information there and let's track it.
Lets hope we get our receipts soon.
Keep faith.
Lets hope we get our receipts soon.
Keep faith.
more...
reddymjm
06-08 06:47 PM
So your LIN number should be like...
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
LIN-07-175-5-xxxx
can you confirm?
You are right. I was expecting it to happen on 6th or 7th. They did it on 5th.
asdqwe2k
07-02 03:15 PM
Your greed got you...
more...
fightnow
07-06 07:32 PM
This event has been registered at SJPD but no permit was issued.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
Having a permit means you can block the traffic.
Without a permit, we are required to stay on sidewalks.
The police put down my name, driver license # and address.
However, when I asked if I have any liability for others fault, the ploice said NO. Everybody abides by law for himself.
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susie
04-24 05:28 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.
My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
I am so truly sorry to hear of the passing of this gentleman and why there just has to be a compassionate visa introduced.
My dear husband passed very quickly with this horrendous illness, my prayers and thoughts are with the family, god bless
more...
Jimi_Hendrix
10-27 11:10 AM
I do not think IV is standing alone on this issue. I think that IV is making alliances based on our membership size, funding and reach capabilities. Many times when such alliances may be formed, the other side may not want to be identified in the media. This is particularly true in the current political climate where each side is out to villify the other. I believe that as individuals we should keep creating more awareness among fellow retrogression sufferers and GC applicants alike. I find it amazing that there are so many applicants out there who have not heard about IV. I keep meeting people who suffer from so many retrogression issues and then again they are doing nothing to fight it.
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485Mbe4001
09-09 07:26 PM
<Rant>There is not mistake, i always feel that there is some @#$hole at the USCIS or state dept whose only goal in life is to get a sadistic kick by toying with the dates. How can these @#$@#@'s not realize that there is a person behind each visa number </Rant>
Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?
more...
guyfromsg
07-19 11:51 PM
Thanks IV core for the selfless sacrifice..A small pledge of $100
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newuser
05-23 08:05 AM
Finished e-mailing to all the senators. Its easy than AILA website if you have google toolbar to fill in the addresses.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
1.Use the Autofill feature in the google toolbar.
2.Put the mailing address in the autofill.
3.Then Select the Senator's contact page.
4.Press the autofill option on google toolbar.All the fields are populated
5.Cut and paste the letter in the message body.
Give me more.
more...
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riyaz.pirani
09-22 03:41 PM
What center did you file NSC or TSC
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Santosh_gc
06-26 09:44 PM
I will ignore your familiarity in calling me your "buddy". Find something constructive to say in regards to our IV goals instead of attacking. To begin with, this is not the place for me to explain to you the details of difference between Purchasing Power Parity (PPP) GDP (that you quote) and the market exchange rate GDP which I quoted. But since you raised the subject, PPP GDP is adjusted to accomodate for different inflation and consumption rates in different countries. Without the PPT adjustment, India's GDP is equal to Mexico's, even though India has 11 times the population of Mexico. The reason India comes in 4th with the PPP adjustment in the world is because the ruppee is undervalued and Indians have a purchasing power that is 4 times smaller than Mexicans. So, to humor you and use your method of calculation, the Per Capita GDP (PPP) Of India is $3,344 in 2006 and Mexico's is $12,886. "Where are all the Mexican doctores, computer scientists, economists and professors?" you ask. The answer is: They are IN MEXICO making huge salaries, when the Indian ones have to come here because their salaries in India don't give them enough money to eat. Why aren't all the construction workers and lawn workers in the U.S. Indian? Because they cannot affor the airfare. The Mexicans just walk accross the border. Any you know what? All those Indian Professors at Harvard etc are teaching class to all those rich Mexican kids. Get your facts straight before you confront me and make fun of my MBA (which I got in the U.S. incidentally, not Mexico, but if I had wanted I could have gotten a top 20 MBA back home). I just recated to people's racist attacks here. So now, if you have anything to contribute to our IV common cause, welcome! If all you are about is attacking other forum members then please leave and do not come back. Thanks.
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
Jamie:
I had decided not to post anyhting about this illegal immigrant/racism thing. But cant help making one comment. You called others racist. But I wonder if you are doing the same by trying to show using numbers etc. how Mexicans are better than Indians. Would that not be racism? Its strange how we are blind to our own biases.
Moderator, sorry I broke my promise. But this is the last I will say on this.
Anyway, moving forward...It will be nice to make a list of desirable points in a bill that is independent of any cause for illegal immigrants. I will start with two points. You can add more if you like. If there is enough momentum and support for these points, then in a truly democratic environment, we may want to modify the core IV goals to reflect that (Ideally I would prefer that there be a vote for what should be the core goals...after all most people here have contributed something towards the cause...and only those who have contributed should be allowed to vote...no free lunch).
1. Allow people to file for 485 and get EAD even if visa numbers are not available
2. Allow EAD to be FULLY portable without restrictons (i.e., irrespective of job description or job title or job location or salary).
The above two dont ask for sweeping changes in immigration laws such as increase visa numbers etc. etc. and are easy for the average American person to understand. And so can hopefuly be passed easily.
With the above two passed, I dont think many people will complain if it takes another 5 years to get their GC. Agree?
By the way, I have got my EAD card and my PD is also current. So the above two goals will be redundant for me. My story is that I am stuck in FBI namecheck. But the moderators have already indicated that it cant be one of the core goals. So I would not list that even if I would like that to be one of the core goals.
Santosh
more...
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sam_hoosier
12-16 06:45 PM
if you see life as a series of choices and actions, then the lack of GC inhibits a lot of choices and actions.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
Absolutely agree :) However, keep in mind that if one door is closed because of not getting/delay in getting GC, there are other options too.
A good example is EAD & AC21 for people who do not want to stagnate in their careers. Now you might say that using AC21/EAD has risks, but then remember the old adage "no risk, no gain".
If we expect life to hand us everything on a silver platter, and get depressed if that does not happen we just ruin our happiness & peace of mind.
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h1bmajdoor
09-30 12:59 PM
I have recently been talking to members who have already filed I485 and have used AC21 to change jobs. I noted some limitations people face while changing jobs, getting higher salaries, making use of AC21 for changing more than 1 job.. etc etc.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
It seems there is lack of information on this subject. Let us use this thread to
- share expeiences
- List issues you have all faced so that IV can have this information while working on advocay efforts.
- Make others aware of your problems and do's and don'ts in the community.
- Interpretation of various lawyers on this and how they have helped you solve your difficult situations.
Hope this information will help everyone
AFAIK there is no "more than 1 job change" regulation. You can change as many times as you want.
There is no need to inform INS. If you wish to be _extra_ safe you may, but be aware that "any information you provide will be used against you". Don't try to be more patriotic than the king.
As far a salary goes, AFAIK you have to make as much as the LC requires you to.
The job description has to be "similar". I guess that means if you were writing C++, you can't start driving a truck.
more...
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gc28262
09-09 10:15 PM
Please see the following post
http://immigrationvoice.org/forum/869770-post54.html
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
http://immigrationvoice.org/forum/869770-post54.html
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
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alterego
12-12 05:50 PM
That is exactly my point. I mean even if the H1B quota DOES increase, is it more harm or good?
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
The new H1Bs will go at the back of the line, but atleast a lot of the people here like spouses on h4 might get a fighting chance to get new H1s? Somehow I dont see how an increase in the H1 quota can negatively affect us EB folk. Now dont get me wrong that is NOT all I want and nothing would please me more if the EB quota was increased as well. All I am saying is, let us not totally oppose the H1B increases just because most of us on here already have one. Half of the spouses on here can start working the minute the H1B quota is increased. Moreover stuedents already here can start working and dont have to be at the mercy of the H1b quota to graduate etc.
Let me tell you how it can affect you. In an ideal system it will not affect you, but in this one you can't say.
There are folks here who arrived 11 yrs ago who do not have a green card yet. On the other hand there are those that came in 2002 who are sailing pretty. The fact that this is happening and that FIFO is a fallacy, that is proof that it will hurt us.
Here are a few reasons.
1)More H1bs coming from non retrogressed countries will keep siphoning off the visa numbers and limit spillover which we desperately need absent legislation to get out of this hole.
2)As long as the crazy practice of Labour Subs continues, there will always be those youngsters who arrive, grab/buy/are peddled a Labour Sub. cut to the front of the line and move on, while you and I sit sobbing at our fates.
3)As H1bs coming here and not getting green cards becomes entrenched in the minds of employers, they will see you as such and be reluctant to sponsor you for a green card. H1b changes into a vehicle for short term workers much like the J1 visa for resident physicians.
4)L visas are frequently converted to H1bs as a precursor to green card petitioning.
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VK373
06-11 05:52 PM
They sent you receipt before cashing the checks?
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.
Summer....
I got them in mail from USCIS, Lincoln NE.
Thanks.
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 ?
gg_ny
06-28 07:31 PM
Hi,
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).
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