Sunday, June 19, 2011

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  • chicago60607
    09-17 11:19 AM
    Members are slowly but steadily getting seated .... my guess is that in about 15 minutes it should start




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  • sidbee
    01-19 08:56 AM
    This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.

    First they came for the communists, and I did not speak out�because I was not a communist;
    Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
    Then they came for the Jews, and I did not speak out�because I was not a Jew;
    Then they came for me�and there was no one left to speak out."

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)

    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.

    So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.

    Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.

    I know it hurts , but this was necessary to stop the misuse of H1B program.
    The H1B was never meant to be used by Body shoppers.




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  • gc_check
    04-19 11:51 AM
    Dear Friends,

    Got Green cards and Welcome notices for me and my wife .
    Surprisingly no uscis e-mail and online status is still "initial review"

    Our journey in short :

    How long in US : 10+ years

    First Labor in 2002 . Changed job in three years before approval of labor
    Second Labor in 2004 . Approved in 2007
    Filed I140 and 485 - in July 2007

    Since then I was enjoying EAD / AP with no complain .

    I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
    From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
    My Lawyer told me that I can port to EB2 and it is a normal a process.

    1. New Perm
    a. Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
    b. Requirement : 4 years Engineering + 5 years minimum experience

    2. EB2 I140 (TSC)
    a. Filed in March - Premium Processing
    b. My Lawyer sent interfiling letter along with I140 filing
    c. Approved in 7 days (A# and Priority Date retained)
    d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
    e. No email and no updates on USCIS website

    Not sure about the USCIS and Lawyer fees . My company paid for every thing.
    Hope every one get the desired freedom asap and don't have to wait like me for 10+ years

    Wish you all the best ......to everyone who is waiting for GC.


    Thanks,
    Jimytomy

    Congrats for getting GREEN CARD. Good to see another old PD (EB3) person getting greened. Looks like the upgrade route worked in your case.




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  • anilvt
    08-12 12:50 AM
    I am planning to bring in my father in law in oct08...he is diabetic and 70+

    anybody, who has similar scenario ...

    i would like to pay more and get out of trouble of dealing with the claims

    please suggest

    Many thanks for all you have posted and helped the community



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  • Mr. Brown
    05-14 08:23 PM
    Mr Brown,

    Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!. Just because you chose to buy a home and have a life does not mean that others dont. Every one lives their own lives. Those who dont buy a home live a life of their choice. Stop judging people. GC was not a risk or hindrance to you in buying a home but could be for Joe the Analyst. You might have deep pockets, Joe the analyst might not or have other commitments

    Your statements (above in bold) are contradictory. On one hand you don't want us to judge you but you return us the favor anyway.

    Let me be clear here. I was talking about people who come here whining about how they can't buy a house ONLY because of the gc/immigration laws etc. I am not talking about Joe the Analyst (nicely copied BTW :-))

    All I am saying is to stop whining and do better to withstand what you cannot change.

    BTW, I put 10% down on my house and I've got the usual commitments.




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  • caliguy
    09-17 01:24 PM
    kubmilegaGC - Heartiest congratulations! Go out and enjoy the freedom!!! You deserve it.

    I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...

    I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.

    THANK YOU GOD - THANKS FOR LISTENING.

    I will be around - not going anywhere and will support IV efforts!

    BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.

    Here is my journey - encapsulated:

    PD- June 04
    I485 files on July 2nd 2007 - NSC
    RD 8/4/2207
    SR #1: 9/4/2209
    SR #2" 9/11/2209
    Senator contact: 9/10/2009 and 9/11/2009
    Infopass: 9/15/2009
    CPO emails: 9/17/2009

    Hang in there - open SRs and contact your senators!!!



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  • anzerraja
    07-19 07:40 PM
    There is a funding drive in this other thread towards reimbursing Aman's expenses.

    http://immigrationvoice.org/forum/showthread.php?t=10708


    Could you please pledge an amount ?




    Even if it is a typo and it turns out to be 6400$ which is unlikely, can everyone contribute 64$? Lets do our 1%. What say?




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  • forever_waiting
    04-22 07:54 PM
    The point behind the lawsuit example was that just talking frivolously about lawsuits without understanding background and facts - is completely meaningless. This has been proven in the past.

    It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate



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  • Slowhand
    07-19 02:38 PM
    Slowhand, No Offense...If I were you, I would first contribute and then deal with this later. High time to contribute. If you have already contributed, please urge your friends to do so.
    Just a suggestion, sooner or later that's the way it should be. No offense taken.




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  • leo2606
    10-03 08:30 PM
    I second this post.



    My post is going to make few MS/Phd people angry over here. Correct me if I am wrong, but when you came here to do MS/Phd, you came on a student visa...Right? Student visa comes under Non Permanent Non Resident alien category. All of you had a burden to prove to the US consulate that after you complete your degree, you would go back to your home country. All of you prepared for that and you knew the moment you said, I might not come back, F1 would be gone! You said this...every time you went back for F1 visa revalidation. Mind you..that H1/H4 never had that burden. They could have easily said that yes, if I like USA, I might not come back.
    Now fast forward....MS/Phd is done. Suddenly...."I will go home after MS/Phd" statement is gone..and hunt for H1-B is on! Once they get H1-B, hunt for Green Card starts. Once this heavy head Phd guy, who spent last 5 years on 1500 bucks a month is in GC line....he also realizes that hey, H1-Bs should not be allowed to interfile. After all, they all work for desi consulting companies. Yeah..right! Look who is talking! All H1s should come in EB-3, after all they did not go through 1500 bucks a month for 5 years.
    Here comes a Phd guy who always lied to the system saying "I love my home country, my research would do wonders to the society at home" is not leaving any stone unturned to get his GC (faster than anyone else).....tell me, who is inferior? A Phd student who lied to the system for 4/5 years and suddenly changed his intent or an H1-B candidate who never had the burden to prove that he would go back.

    All of us are part of this very painful journey! I have spent 8 years on H1-B and I am still waiting for my GC. I work for a desi consulting company, my GC is in EB-3, I have a B.Tech. degree from IIT and I am sick and tired of this GC mess.



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  • h1b_alex
    03-29 09:52 AM
    @hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.

    @fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.

    @Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all




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  • nk2006
    02-14 08:55 AM
    Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money.

    Organizing cultural events does sound like a good idea, but again the problem is "organizing". I volunteered in a few cultural event organizations and know that its hardwork and need many volunteers even in a small city (especially if its a fund-raising type). My understanding is state chapters are crying for members, if state chapters have enough volunteers it would be a good idea.

    I think there were many brainstorming discussions on fund raising earlier on these forums. The problem with these anonymous forums are that anyone can give a suggestion and then do nothing about it (I am guilty of the same sometimes). Thats why I liked the idea of state chapters where members know each other and may be able to motivate each other to volunteer some time/money/etc.



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  • sbindval
    07-14 01:41 PM
    good luck guys! may the force be with you




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  • funny
    09-17 11:24 AM
    No Audio...



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  • mbartosik
    12-14 10:01 AM
    ... in the subject and the body of your post, I'm guessing it's not really a typo... :)

    jazz
    just sleepy :confused:




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  • akp
    07-15 07:41 PM
    This thread

    http://immigrationvoice.org/forum/showthread.php?p=115066#post115066



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  • GCVivek
    03-29 02:51 PM
    H1b_Alex,

    It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.

    1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
    2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
    3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
    4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
    5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
    6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.

    Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%

    The reasons are simple and outlined above. Sorry but your chances are slim. :(



    Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
    however after coming here , Paid for my own ticket and landed here on start of january 2011.

    Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

    I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

    I need to clarify a few things before i nail these blood suckers

    1. How long before i board my flight back home , should i send the documents to DOL

    2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
    or copy to send to DOL

    3. What other documents should i send alongwith

    4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

    5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


    I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

    Any advices are welcome to help me bring these guys to justice.




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  • desi3933
    08-19 03:31 PM
    Congratulations on your Citizenship desi3933!!
    Whom you gonna vote? Obama or McCain? I think thats the
    only difference between GC and Citizenship. Ofocurse if you do
    something bad you will goto jail and no deportation :D

    So you gonna start some company? I could give you some tips :D

    Good luck.

    >> Congratulations on your Citizenship desi3933!!
    Thanks Babu.

    >> Whom you gonna vote? Obama or McCain?
    Not going to tell you that.

    >> I think that's the only difference between GC and Citizenship.
    Incorrect. There are LOT of differences.
    1. Visa free travel to many countries
    2. No need to maintain GC status, even if I spend >1 year out of US
    3. Can work on jobs that require Security Clearance
    4. Can sponsor GC for Parents/Siblings
    5. Be part of School PTA

    >> So you gonna start some company? I could give you some tips
    Thanks for your offer, but it is little late. :D I already have a company. Just because I never mentioned it (Like you did), you assumed that I don't have a company. Tip - Never assume anything. In case of doubt, please ask first.

    Have a good day!




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  • greencard_fever
    10-29 07:25 AM
    Thanks greencard_fever.

    I have emailed the sample letter to everyone. Please send me a message again if you did not get it. Good luck!

    Hi caliguy..i did not receive any message from can you send me the letter format.

    Thanks!




    gc_lover
    07-20 07:29 AM
    I submitted usps money orders for I-485 fees. Filed on july 2nd.

    Any way to find out if those money orders are enchashed or no?
    I did try google search and so far no answer.

    I am not aware of anyway to check if money order is enchased or not, because, I think, you have to pay money upfront when you buy money order. However, I can be wrong.
    Why didn't you just send the check?




    snathan
    05-12 11:37 PM
    This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.

    Few points:

    1) having gc is a privilege not a right.

    2) US has every right to choose whom they want to have in their country.

    3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.

    4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)

    5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.

    Wake up friends, you have options. Don't let your life depend on you application status.

    Nitin

    I would have taken it seriouly if you didnt spend six years in the US and did not run away to the Canada. Atleast if you gone back to india, it makes much more sense.



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