StarSun
02-09 10:53 AM
Your transaction ID for this payment is: 32R78275M69540623.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.
donated $50
I will be in India around that time so cannot attend the campaign in person.
All the best to IV .. hope we get the justice ASAP.
Thank you psaxena for your donations. Please talk to members from your state and encourage them to participate.
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surabhi
04-23 05:18 PM
There is moral obligation too. Whenever you hire H-1s make sure most of them have dreams to get GC and settle down. Dont take risks in such a ways their dreams get shattered because of poor business practices. just to hire people dont run in your businesses on losses and in turn force yourself to shut down the business.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
I think there is difference of opinion here. Since there is chance here that the thread is frequented by current and would-be employers I will try to articulate once again.
1. H1B is a legitimate business expense. It should be factored in as such by the employers.
2. Same is case with GC. But given the fact tht after I-140 it becomes portable, it is perfectly ethical in my opinon to ask employee to put up the expense.
3. H1B or not, employment is at will in US. USICS granting 3 year H1B does not imply employee is bound for 3 years either in letter or spirit of law.
4. Unless the business produces IPR or the employee is in position to lure away exisitng clientele, non-compete doesnt hold water. Employers should refrain from using non-compete as scare tactic.
5. As a corollary to point #3, having term around employment in lieu of h1b processing is illegal. The point of lost business because of employee left doesnt hold good. Employers can only claim non-compete or non-solicitation if the case is geniune. Lost business because employee left will never be upheld.
6. Unless doing revenue sharing (80-20 etc), it is illegal to withold , not pay wages.
7. If employee requests running payroll while not on project in revenue sharing mode ( see #6 above) it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
8. If business needs to let go an employee and employee wants to continue for immigration reasons, it should be on cost to employee including employer contribution of taxes. this is indeed a favor to employee.
utthesta
05-20 02:12 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
So I think that the renewal may trigger a FP notice.
-R
Hi,
I filed mine on 27th July, 2007;
Do I need to apply for renewal now? How sooner or later we can apply for renewal?
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Refugee_New
08-18 02:23 PM
Hi Guys
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
My date is not current but I understand the frustration here. However I beleive USCIS is under severe pressure to reduce the backlogs and not waste any numbers this year....so they are trying to exhaust them as and when they can...in that scenaio I guess lower hanging fruits are getting picked.
But on the bright side as I see it as more and more people get their GCs its a smaller line and the officers should be able to get to everyone's file in due course.
I completely believe the system should be FIFO but then don't you think that will be too logical for the USCIS......
Hopefully if they are able to get a lot of people out of the way they should go back to normal processing from October when new numbers are available and the pressure is somewhat less.....
Again above is my theory. I hope everyone gets their green cards soon and the line keeps moving.
regards
Saket
What is the "LOWER HANGING BALLS" AND "LOWER HANGING SHIT" means? Why can't these assholes approve all the old cases and then move the dates to 2003 or 2004 or even 2006.
These type of analogy is nothing but a bullshit. USCIS under pressure??? What pressure? Who do they care? Why should they worry? Whole immigration system is a circus(jumbo, gemini circus) playing with our lives and with full of jokers making fun of us.
more...
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.
anilsal
10-08 01:58 PM
Gatorade: "Is it in you?"
Microsoft: "Your potential, Our Passion" (Replace word Our with IV)
Nike: "Just Do It"
------------------
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our Trust."
And the star-spangled banner in triumph shall wave
O�er the land of the free and the home of the brave
------------------
http://en.wikipedia.org/wiki/The_Star-Spangled_Banner
The country will eventually provide you permanent residence. The question is "do you have the bravery the country expects"?
Suggestion: Get involved with state chapter activities. :)
Microsoft: "Your potential, Our Passion" (Replace word Our with IV)
Nike: "Just Do It"
------------------
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our Trust."
And the star-spangled banner in triumph shall wave
O�er the land of the free and the home of the brave
------------------
http://en.wikipedia.org/wiki/The_Star-Spangled_Banner
The country will eventually provide you permanent residence. The question is "do you have the bravery the country expects"?
Suggestion: Get involved with state chapter activities. :)
more...
lakshman.easwaran
08-15 03:24 PM
My I-140 is pending at TSC. Filed 485 on July 25 and reached NSC on July 26. Today I noticed that LUD on 140 case has changed to 08/12/2007. I guess my case is transferred to TSC.
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jgh_res
12-16 09:54 AM
Meditation soothes your mind. It is scientifically proven.
Time magazine reports where doctors studied Buddhist’s and you can find all the reports at:
http://www.time.com/time/magazine/article/0,9171,1101030804-471136,00.html
http://www.time.com/time/covers/1101030804/#
Guys, It is all scientific.
Look at the bottom link and click on tab "Wave Change".
http://www.time.com/time/covers/1101030804/om/
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Time magazine reports where doctors studied Buddhist’s and you can find all the reports at:
http://www.time.com/time/magazine/article/0,9171,1101030804-471136,00.html
http://www.time.com/time/covers/1101030804/#
Guys, It is all scientific.
Look at the bottom link and click on tab "Wave Change".
http://www.time.com/time/covers/1101030804/om/
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
diptam
05-23 07:05 AM
See , they started the 3 yr H1B extension only on basis of Retrogression...
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...
But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....
thanks
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gc_5050
08-02 01:57 PM
Hi Nogc12 !
Hope the info you got from customer service is correct.
As I am still waiting for my receipts,
which are filed on Jun19 @ nebraska.
Dont know how the service centers(customer service) are disclosing the processing dates,
I asked the same questions they said don't know.
Hope the info you got from customer service is correct.
As I am still waiting for my receipts,
which are filed on Jun19 @ nebraska.
Dont know how the service centers(customer service) are disclosing the processing dates,
I asked the same questions they said don't know.
more...
akhilmahajan
04-23 11:38 AM
My understanding is after 180 days of 485 filing, even if the employer revokes the approved 140, the 485 application does not get affected if you apply AC21 and let USCIS know that you have changed employment and the job duties are similar. Is it true? or is there is any risk if employer revokes 140?
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
As per the Yates memo, we are covered once 180 days have passed since filing 485.
If the employer revokes 140, then USCIS will issue a RFE, most probably NOID on your 485. AC-21 papers filed or not, its up to the officer who is handling your case. Even if you sent the AC-21 papers, he/she still can issue a NOID.
Then it will up to you to prove that changing jobs was with in rules. A lot of people do it and get GC's. Its a common practice and is now becoming more visible.
So, just be cautious with the job change and make sure your job responsibilties are as close as mentioned on the labor.
I hope it helps.
GO IV GO. TOGETHER WE CAN.
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SeanDell
05-30 07:43 PM
Has anyone used AVR recently coming back from Canada?
more...
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svgupta
05-23 11:43 AM
to everyone on the list.
Folks! who are still procrastinating .. plz DO send the mail right away. It won't matter if you do it later.
And sure, you can always think others are anyways, doing it... that should be enough. It won't be... Go ahead and send mails... (ref: 1st page of this thread).
GO IV!
Folks! who are still procrastinating .. plz DO send the mail right away. It won't matter if you do it later.
And sure, you can always think others are anyways, doing it... that should be enough. It won't be... Go ahead and send mails... (ref: 1st page of this thread).
GO IV!
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apt29
01-30 05:02 PM
Funny... Sathweb took his post back, which even he does not agree with anymore and you now agree with it..
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
Point is very simple: If a person has a valid job offer then by all means go ahead and apply for H1 from any status (be it H4, F1, B or Z...) but if you don't have a proper job offer then please don't apply for the H1 visa through a body shop as you are taking away a valuable visa #, which unfortunately are very limited.
QUOTE=sumanitha;314025]I Completely agree with your reply. First, when I read the comment of that guy, I couldnt accept at all.
You have given a nice and neat reply.[/QUOTE]
Pardon me, if this is not appropriate question. You mentioned that your wife went to School here. Is it Masters Degree? If yes, she can apply for H1 under the 20,000 quota, which is not lottery based(at least for few weeks).
more...
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lasvegas
02-05 02:23 PM
Gurus, anybody did canada landing after applying I-485 during July2nd? What was the experience like? Can immigration officers on both sides USA, Canada consider this conflicting on the grouds of " INTENT " ?
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pappu
02-09 05:56 PM
People are giving red dots for asking donation....
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
Great we will fix all these problem by 2100.
GO IV GO...there are lots of free riders waiting for you.
I really feel ashamed you guys.
I will check who they are cos that means they are anti-IV and anti-immigrants
more...
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BharatPremi
03-26 01:15 PM
BharatPremi, I hope your predictions are either met or excelled. I will pray for the happiness for your future 7 generation :-). After waiting for so many years, even 2009 does not sound that bad. I know I have no right to complain since many in EB3 have been waiting for years before me.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
I also agree that porting to EB2 is not easy. A couple of my friends had their PERM labor itself rejected. I think waiting it out in EB3 may not turn out to be that bad. Or I do hope so....
Thanks. Yes, if EB3 PD is on or before DEC 2003 then it would not be that bad now.
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dtekkedil
07-03 12:02 PM
Guyz what flowers are u sending lets keep it uniform ... l
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Those are nice "sweetheart" roses :)
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deziliu
05-02 07:20 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Thanks.
Bruce
prem_goel
11-17 09:50 PM
done
senthil1
03-10 02:54 PM
Any lobbying for immigration is tough at the time of recession. I think you are trying to do advocacy effort. Without getting approval from core IV group it will not be any use as advocacy effort only will not work. Senators will note your concerns and will act only if some bill is introduced. You need lobbying with advocacy effort for changing any law. Lobbyists will lobby only at right time as if they do in wrong time it will backfire.
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????
On other hand
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