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  • Saralayar
    01-04 11:16 PM
    Hello every one,
    I am starting this thread for all of us not to just think about the GC process. If any one is residing here for 10 years without GC, think about making a law which can lead us to Citizenship. My thoughts on this:
    Many of our colleagues who landed with us during the late 90s (1998, 1999) and early 2000, who got their GC without any issues are now Citizens or waiting to become Citizen soon.
    What is our status?. Just think. Still we are strugling to get the GC. Even by law change, if we are getting the GC this year (by GOD's Grace), then we need to wait for another 5 years from now (approximately 2014). Many persons like me who have come to this Country in their later career will be very much affected due to this delay (we have lot of other issues like the dependents reaching the age of 21 etc., College, University fees etc.,).
    Core team and every one, please consider this and try to lobby for getting the citizenship without further wait if the persons satisfy the folowing conditions:
    1. If they are legally here for 10 years (With approved I-140 and waiting for Adjustment of Status without current date).
    2. If they have earned full 40 points in Social Security
    3. If they have paid the tax continuously for 10 years
    4. If they own a house and paying Mortgage (adding weightage to the Economy boost)
    and
    5. If they do not have any criminal records in these 10 years.

    Please again do not just concentrate on the GC issues. Consider this and if any one can come with a letter draft with legal openion, we can send it to all Congress members, State Governers etc.,
    Hope the members and the Core team consider this issue. I have one more thread on this, which I started some months back but the response was not that good. If every one of us unite on this and raise this to the Congress, I think the new Government may consider as this is very genuine.





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  • unseenguy
    06-16 12:37 AM
    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...

    I am neither supporting you, nor am I supporting TCS/WIPRO. But I am seeing things from your client's perspective. Your client and director who ever they are , they might be saying one thing on the face and getting ready to save their company in the background. You know corporate world is a nasty place. Every recruiter who talks to you makes you feel as if he is the hiring manager and you have got the job, but does it happen that way? No. Similarly, your client is buying time and soothing you, I am not sure they are sincere about their comments. Everyone has some motive or personal interest in supporting things.

    And to be honest, I doubt if you can come clean , hold your head high and say in public, I did it. If you do so , I will respect you as a whistleblower. Other wise, you are just mad that your are losing the job to others. If they cant get l1 on site, they will send the job offshore. There is not much you can do. Your client is towing your line until a smooth transition and then they are done with you , anyways. Its better you read writing on the wall and move on. You can invest the same time in finding other work and still have good relations with the current client. You never know when economy gets good, they may want you back at a higher price. But if they get to know you are doing this, most likely you will end up on some blacklist and I am not trying to scare you but world is a small place and you will run into same people many times.

    My moral ethical values here are, someone doesnt want to work with me for some reason, whether they are doing their business with others ethically or unethically or illegally is upto them. I am moving on without a bad taste in mouth or complaint. It is company's choice whether they want to pay me or someone else. If they want to send my job offshore, they dont want to work with me for whatever reason, so I got to move on without complaint, thats my ethical value. whether others are doing it ethically or unethically is not my problem. You can choose to fight this, but your victory will only be temporary, say 6 months.





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  • mamit
    02-08 01:41 PM
    Hi guys..

    Do you think I can withdraw my H1 application and go to a different consulate and apply again ?

    In case you havent seen my posts befre, I have been stuck due to PIMS for 56 days !

    Thanks for the help !!

    I had my interview for an H1-B at N. Delhi consulate on December the 5th, 2007. The consulate officer told me it needs administrative processing and gave me a pink slip. I was also told that it may take anywhere from few days to 7-8 weeks. Today is February the 8th, 2008, and am still waiting on my visa. So if its any consolation to you stuck_here, I'm stuck here for almost 65 days now. Given that I have a PhD in Chemical Engineering, I might have fallen under the Technology Alert List, but, still, the wait time seems ridiculous. Any ideas from anyone about if there is anything I can do on my part to expedite the matters? Thanks.





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  • ganguteli
    06-10 01:27 PM
    I am also from India but the point I am discussing here is clearly a violation of law by Outsourcing vendors including IBM (not just Indian companies), TCS, Wipro etc. I work for a medium size consulting firm based in US and on H1 visa ...and I am impacted by these violations and I think I have the right to oppose this act.... to prove my identity shud I tell you my stories in Chennai consulate... or shud I tell u abt my days in b'lore or shud I tell you all abt my 24 years in India.. you can decide :-).

    BUT regarding the L1 violation we have decided and this time the vendor is exposed to the authorities and justice is done. We have the support of good client managers who understands visa regulations.

    Whatever Dude!

    I have heard that story before. Ask your bosses at losers guild to teach you better stories to blend in with us.
    If you are really sincere, why don't you send your name, phone number and employer name to IV and IV will put you in touch with the right people to complain?
    No point trying to hide your identity and faking your own convictions.



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  • morchu
    06-16 11:42 PM
    No I don't. You basically don't want to keep the door open wide. Once you are IN you want the door to be closed. You don't worry about loosing US jobs to India/China, but you don't want Indians/Chinese to enter USA and enjoy the "quality of life" you enjoy here.

    Nobody enters USA to live a "low profile" life.

    You are getting dangerously accustomed to the "taking things for granted" style. You are loosing your competitive skills.

    I personally know that more energetic people coming in is kind of dangerous even for my job safety-net (basically I cannot take things for granted). But I still have not learned to think beyond humanity, and I believe sharing is good. The new guys also deserve the chance for American dream.

    And I don't forget that I was also once in H1B, and came with a lot of dreams and skills.

    However, my point is, if you want to outsource take the job to the low wage country. Do not bring low wages here. I am ok if outsourcing would increase because of the Grassley bill. I am not ok if the low wages are dumped in here. I hope you people see the difference.





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  • pappu
    01-08 09:52 AM
    wonder why are we not writing letters to Michael Aytes?:confused:
    We are writing to the highest authority (President) and then contacting all top administrative officials who will be deciding and advising on our provisions.



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  • karthiknv143
    10-04 06:28 PM
    Hi,

    Got the receipt notices (485, 765, 131) for spouse & myself by calling USCIS.
    July 2/ 2:02pm/ R.Williams. The receipt notice from SRC & I-140 from TSC,
    LUD on I-140 on 08/05





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  • l1fraud
    06-14 07:55 PM
    The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
    Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.

    In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.

    Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.

    Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).

    Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.

    We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.



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  • gc_chahiye
    06-24 06:09 PM
    if we pursue independent applications (so both spouses have the option to stop working if they want to); is this the way it works:
    - file independent I-485s.
    - whoever stops working changes status to H4 or F1 (depending on what they want to do)
    - if one gets approved, the other withdraws the application made as a primary and files one as a dependent (since the other persons PD would be current at that point). Some lawyers say you can interfile the spouses I-140 at this stage, others say you cant.





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  • sobers
    02-21 04:04 PM
    what i mean is you should take out the H1B part from the letter and then send it to your lawmakers. the letter is modifiable- you can add, delete or change content before sending it.

    that is what i have done. Took me less than 5 minutes!



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  • singhv_1980
    01-22 11:32 AM
    I tried calling KCC but of no use.:mad:

    They said they are not authorized to give any information. I do not know if going to my local INS office will be of any help. Any of you guys got any other info?





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  • Green_Print
    07-11 08:50 PM
    eb3_nepa,
    The whole idea of this campaign was to get media attention and publicize this issue as much as possible, which we all know that it did just that quite effectively despite all the apprehensions and reservations expressed.

    This campaing was never thought of as a panacea for all our problems, whether it will lead to a fruitful or POSITIVE result that is still unknown. What is known is that this drive has provided some much needed traction and attraction to our cause, which is the important RESULT at this point in my opinion.

    All I am trying to say is that we should give some thought and imagination before discounting or discarding an idea even if it appears to be far fetched at first. Any idea proposed which is out of the ordinary will be meted with reservations and oppositions, after all its nature's law that there is always resistance to change,:rolleyes: good or bad.

    I don't want you to be eating your words :D , I know for sure that you want this problem resolved as much as anyone else on the forum.:D

    Everyone has right to be SKEPTICAL and even I am SKEPTICAL about the final outcome of our over all struggle, but I wasn't SKEPTICAL about the outcome of this campaign.

    May the force be with you.:D

    Yes I was the one who suggested the dead fish. I belive in RESULTS, if sending these flowers actually ACHIEVES something, I will make a nice big biscuit of my words and eat them :).

    Until we see ACTUAL "POSITIVE" RESULTS I am still going to be skeptical. Sure we have made a lot of noise and it has been heard by a lot of miscallaneous people. So were the rallies held by the illegals. What happened? NOTHING! So until I see some results YES I will STILL be skeptical.

    Other than that, I really really really hope for everyone's sake, that this works and if it does I will eat my words and become a believer:)

    So much for being mum eh ;)



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  • Sandeep
    01-07 12:23 PM
    Here is a summary of the bills, their bill numbers and the Sections:

    Sen. Chuck Hagel's Bill (Section 202 of S. 1918)
    -High-tech workers who have worked in the U.S. for 3 years would be allowed to adjust to permanent resident status without regard to the annual employment-based immigrant visa cap of 140,000.
    -The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.

    McCain/Kennedy Bill (Sections 601 and 602 of S. 1033)
    -Increases quota on EB immigrants to 290,000 to alleviate retrogression
    -Recapture unused visas between 2001 and 2005
    -Increase the per country limit from 7% to 10%

    Cornyn/Kyle Bill (Sections 1001 and 1002 of S. 1438)
    -Recapture of the unused visas between 2001 through 2005
    -Removal of diversity visa and reallocation of these. Since this is mentioned under EB, the implication seems to be reallocation to EB but am not sure.
    -Increase of the country limit from 7% to 10%

    It is understood that there would be a merging of these to make the final comprehensive immigration bill





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  • alterego
    03-26 05:08 AM
    I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
    Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
    has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.

    I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
    Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!



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  • skrish
    01-10 05:32 PM
    Hi,

    I whole heartedly support this campaign and will be doing my bit too. just a few thoughts:

    1. In the draft letter to president, the line "Reinstate premium processing of
    Immigrant Petitions." is a bit ambigous and dosent specify which petition.
    Shouldnt it read "Reinstate premium processing of I-140 Immigrant Petitions."
    2. Also shouldnt the goals be in the order of ease of acheivability. Many of the
    more difficult (though more powerful) goals are at the top wheras items like
    reinstating I-140 premium proessing are at the bottom.

    What do you folks think..?





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  • Macaca
    12-05 03:59 PM
    JUAN GONZALEZ: Now, Lou, you?ve been well known for years now, especially dealing with the issue of American corporations exporting jobs and criticizing that whole process of exporting American jobs overseas.

    LOU DOBBS: Sure.

    JUAN GONZALEZ: And your?but also the criticism of it, that as I?ve seen it as, oftentimes does not deal with the impact so much of what this globalization on those countries themselves. In other words, you criticize NAFTA for sending so many jobs overseas, but not with the impact so much that it?s having on Mexico and on these other countries that are the other end of this free trade.

    LOU DOBBS: Juan, that may be because I?m a television journalist, limited in my intellect, as well as my time.

    JUAN GONZALEZ: Well, on this show, we don?t have commercials, so we have a lot of time to get into the issues.

    LOU DOBBS: The reality is that, of course, NAFTA is, in my judgment, at least deleterious to the interests of the Mexican people and to the state of Mexico. One only has to look at the empty villages in particularly southern Mexico to examine the impact of the agricultural policies within NAFTA. One only has to look at the maquiladoras across northern Mexico to see the impact on a society that is already 50% impoverished, education levels still where they were thirty years ago in Mexico.

    But my perspective is an American one. And I won?t presume to speak for Mexico, as Felipe Calderon does presume to speak to the United States for Americans on American policy. The reality is that NAFTA doesn?t work for this country. It doesn?t work for Mexico.

    But I am not one of those people?as Amy was talking about, my detractors. The suggestion I?m anti-immigrant, for example, is absurd. I would support an increase in lawful immigration and have said so repeatedly and have no problem whatsoever with current levels of immigration, which, by the way, are the highest levels of immigration in the world?in fact, more than the rest of the world combined. We bring in more than two million people. But the issue is one that the United States does not have a foreign policy toward Mexico. We?re paternalistic and condescending toward Mexico in our dealings with Mexico, both corporately and politically. And it?s time for that to change.



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  • chanduv23
    03-26 06:26 AM
    I am not aware of anything that says that you need to bring this up initially in your job search. I personally wouldn't put it in my CV.
    Apply for a job, as you would if you had a green card (keeping within the AC21 parameters.) If the question of visa sponsorship comes up then you can say you do not need it. I am not sure why people bring this up with their prospective employers. If you have employment authorisation, you have it, it is not employer specific, it is not site specific, it is quite broad in its scope. The employer
    has to complete the I-9 like for anyone else. Any issues would be with the USCIS at the time of adjudication and that would be if AC21 rules are broken.

    I think that sometimes we project our own fears onto employers and make issues when none exist. I've seen the same sort of doubts expressed about AP travel.
    Folks need to grow more confident generally. For many their immigrant petitions 140s have been approved and their 485s have been pending for quite a while. They give you these interim benefits for a reason, so you can use them!

    Not sure if you are in the IT field, but a reqruiter/HR is the first interfacing person. No matter what, these are the first questions you can expect when a reqruiter calls you.

    dice.com, monster.com etc... wants you to select from a dropdown what your status is and in most cases, employers/reqruiters filter reesumes based on that criteria.





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  • imneedy
    05-16 02:33 PM
    Now as per my lawyer's advice probably we will need to change her status back to H4.

    Do you know how much time it will take to get that status change? What if your PD is no longer current?





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  • BharatPremi
    03-28 12:22 AM
    Hi,

    Maybe this qn. was answered before. Tried to look for answers. But was not lucky to find the exact answer. Also, my qn seems a bit out of context w.r.t this thread (I dont even know how to start a thread).

    Anyways, my qn is:

    If one starts actually using his/her EAD via (eVerify or signing I-9 form), then how will the USCIS know that he/she is on EAD and not on H1B anymore? As per the link below, the I-9 form stays with the employer and shouldn't be submitted to the USCIS.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    So, how does USCIS know that u are on EAD? Is it via payroll? Also, can ADP still run payroll even if one's H1B has expired? I'm just trying to find how does the H1B get invalidated as soon as EAD is used. Where is the link between the two?

    My situation is...my H1B is expiring on April 24th. I've asked my employer to do an h1b extension (as its safer). But he's kinda unwilling to do that. So, as a worst case scenario if he asks me to use EAD only, then I'd be forced to use it. So, how will the USCIS know about that? Lets say, I use it on April 15th. Then will my H1B inactivated starting April 15th? Where and how is it recorded? Just curious.

    Thanks a lot!
    D-E-D

    USCIS would not come to know and does not care to know. USCIS knows that it has issued an EAD to you, Now whether you use for a job , do not use or open the locked door with it, it does not care. Yes, while processing 485 if it generates RFE then depending upon the nature of RFE if your new employer is contacted for employment proof, perhaps USCIS may know that you are really using it.





    abuddyz
    01-07 09:37 AM
    H1 Visa renewal (with a new employer)...earlier H1 visa was stamped in Toronto.
    I-140 pending at NSC since March 07
    Category is Schedule A (now EB3)
    I-485 pending at TSC, EAD and AP approved.
    There was no communication between the consulate and my employer. I guess it was just luck.

    wanted to check one more thing with you.. before how many days you submitted your documents to VFS center in mumbai? (they might have processed PMIS check earlier, after your document submission)

    thanks for taking time to post your details here..





    old_hat
    05-10 11:51 PM
    Are you sure you are not confusing with Indian epics that discuss how Lord Brahma had sex with his own daughter? :D :D

    Unfortunately, you are showing your culture here with responses like this by clearly proving that you are incapable of provding a proper response. You are not making any case here, actually you are undermining it. This clearly shows the contempt that you have for the people of the country where you are desparately trying to immigrate to.

    If things were so rosy in India compared to US, you wouldn't be posting in this forum, will you?

    As a matter of fact, people like you, irrespective of the qualifications, should never be allowed to immigrate to anywhere. You should remain in India or should I say "arsha-bharatha"?

    dude you are yet to show data to correlate students graduating correlating with H1 visa numbers. You say that Ms/Yahoo/Goog have no peers in India yet refuse to acknowledge these guys stand on visa status. You claim you have not found any indian with good maths skills but you can not explain the professors in top universities nor can you explain the number of phds there.

    No I would not attribute you as representative of us culture as i meet much better people in life everyday. you obviously think that your three trips to india gave you deep understanding of indian culture which is like saying you understood quantum theory in 1 min. you obviously are talking out of your ass. and if u think "arsha-bharata" makes any sense to vast majority here you are talking out of your ass.

    btw can you describe which indian epic discusses brahma? keep in mind the word "epic". For your help here is the meaning

    http://www.thefreedictionary.com/dict.asp?Word=epic

    No dount you tie yourself in knots every where.



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