Friday, July 1, 2011

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  • chanduy9
    07-05 09:34 AM
    Hi,

    I request every one who effected with the Revised JULY visa bulletin to send the flowers.
    I am sure we get some media and political atten....

    Select Occasion: "Sympathy"

    The message: All the best for future Employment Based visa estimates

    Delivery location type is Business, US Citizenship and Immigration Service

    Address:

    Emilio T. Gonzalez
    20 Massachusetts Avenue, NW
    Washington, D.C. 20529


    Thanks,
    Chandra.




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  • rtarar
    07-02 08:37 AM
    Sent on Jun 30 to reach on 2'nd July.




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  • surabhi
    04-23 04:30 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    This is not a personal advice but general appeal to all would be employers.

    I hope you have researched and understood obligations of an employer.

    By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.

    If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.

    For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.

    I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.




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  • pr02
    07-11 12:25 PM
    I liked the burning photocopies idea very much .This will surely work.

    Is it legal? There could be a law written in the 1800s that bans something like this. Please confirm. Things like burning stuff have a tendency to go out of hand and create larger problems. IMHO, more peaceful means would be better.



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  • TheOmbudsman
    10-30 11:48 AM
    Raj3078,

    Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.

    I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.

    Thank you,

    The Ombudsman
    "Your dose of daily reality"


    You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....

    Senthil1 -
    Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
    Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....

    Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
    In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?


    [/QUOTE]




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  • JunRN
    09-12 05:53 PM
    My lawyers sent all their applications to NSC, irrespective of where I 140 was processed. In reality i dont think there was any directive from USCIS askingthem not to do so.

    Anyway.. my application was also received by M Schweitzer on Augs 1st 9am.
    my I140 was cleared in Texas. So far nothing.

    Its good to hear July 31st people getting updates.. gives me reason to cheer!!

    A


    Yeah, there was no directive from USCIS where to correctly send the application. As a matter of fact, USCIS said that we can send it in any of the four Service Center and it wouldn't be rejected. This is good for us in a way because it lessen the risk of rejection but also bad because it causes delays as USCIS have to transfer some application from one Service Center to another.

    Hopefully, your Receipts will come soon.



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  • chanduv23
    07-08 09:56 AM
    There are laws in place, already, for discrimination against applicant having proper work authorization.

    If the affected person does not report or take action, then nothing will happen. It is high time that "highly skilled workers" aware of their rights. Sanju mentioned a term "educated illiterates" for such reasons.

    Many consulting companies do not pay salary on bench. If the employee does not report to DoL, will he/she get his/her salary? No. The issue of discrimination is on the similar lines.

    There is no requirement for employer to consider any applicant who is on H-1B visa status. It is entirely voluntary and upto the employer whether to sponsor H1 visa or not. Same thing holds good for sponsoring green card as well.



    _________________
    Not a legal advice.

    desi - the reason we face all these issues is not because of anyone's fault.
    Reporting an employer is not as easy as it sounds.
    The most educated and experienced people have always recommended to "protect yourself" - look for yourself and keep out of trouble.
    The issue here is - people in this situation are mere scapegoats - a common man who approaches beaucracy has to deal with crap that is worse.

    The entire process of immigrating to US via a employment based system is so loosely organized and puts people in unfair situations.

    It is just not desi employers or consulting companies, in general, but any employer can have an upper hand on you when you are at their mercy.

    People say big companies have policies and they abide. I agree, but it is not always the case. If someone is in business - they do things in their business interest - if dealing with USCIS is getting difficult - they may say "enough of it - no more responding to RFEs".

    One person contacted me - he is having a fulltime job and filed for AC21. he got RFE for EVL 2 times. The first time his HR gave EVL without any hasstles, the second time she was pissed, said "We do not want to deal with this - I have contacted legal and they recommend not to issue such letters".

    Now such a situation puts this person in a tough spot -the issue is not because of his employer because his employer did give a proper letter but USCIS asked it again.

    Just imagine what is this person's situation for no fault of his?

    We can always argue that "If you are worth and if company wants to retain you then they will not have any issues" - which once again may not always be true because we all know how relationships work out at companies - with ass kissing, nepotism, situations, financial etc......




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  • mrsr
    07-04 06:02 PM
    I am not sure why we will they hold?



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  • eb2_mumbai
    08-09 10:22 AM
    I think guys writing to individual congressmen will do nothing other than you getting a standard response that they empathize with your case. Here are some practical cases. Any eligible Eb3 person who can upconvert to eb2 should do it immediately. Second we need to educate USCIS about misuse of EB1 category where Project Managers are being included. Third is misuse of work experience in EB2 category where people have used fake experience letters to jack up their resume. USCIS should ask a sealed letter from some reputable background investigation company to validate the years and quality of experience that people claim they have same should be done to their degrees and certificates.

    If we clean up the process the honest people will benefit from this. I am sure I will get lots of red for this but that will point to # of cheats on the forum who want to shut my voice




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  • gccovet
    02-09 03:00 PM
    Transaction ID #34211805W72220746

    thank you Jelo, your valuable contribution takes us to $443.00



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  • svg108
    05-23 11:18 PM
    Sent emails to all the senators in the list.

    Nicely done Logiclife.

    Thanks

    -SG




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  • amitjoey
    07-05 03:04 PM
    We will each individually send flowers to Emilio Gonzalez to be delivered July 10th. There is a suggestion to use a paypal account where we contribute money. However no one has come forward to take over the account so far.


    The theme of the note attached to the flowers should be Sympathy or Get well.

    Preferred Message(Sympathy): All the best for future Employment Based visa estimates

    I do like the "Get Well: Hope USCIS recovers from its insanity" message as well

    July 07th - Last day to mail flowers (I doubt if they can deliver on Tuesday if we order on Monday)
    July 08th - Draft the letter to be mailed to media.
    July 09th - Finalize the letter and mass mail it to every media email addresses we have.
    July 10th - hope the media take the bait!



    Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.



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  • anujcb
    06-05 03:30 PM
    Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.

    WAC071795xxxx - June 1
    WAC071805xxxx - June 2
    WAC071815xxxx - June 4
    ......


    LIN071735xxxx - June 1
    LIN071745xxxx - June 4
    ......




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  • delhirocks
    07-04 11:29 PM
    Hey thx man...I had no idea about this. I will search for the post and read up on it.
    Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..

    To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.

    When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.

    I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.



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  • 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 ?




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  • SKK2004
    08-25 04:35 PM
    Being out of the backlog elimination center and waiting in this line since 2004, trust me when I say this circus isn't new to me :)!

    your are very welcome.

    Chill, relax and live everyday ( this USCIS circus is no fun).



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  • johnamit
    08-13 11:17 AM
    any LUD?
    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels

    I have not seen the notices yet so I dont know what the notice dates are.




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  • ramaonline
    02-12 03:08 AM
    Make that 1700

    Payment To Immigration Voice Completed ... -$25.00 USD




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  • ArkBird
    09-09 08:54 PM
    It's more like 500K and on the plus side you get your own business! :)

    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:




    dtekkedil
    07-05 02:01 PM
    If this guy from USCIS (Emilio T. Gonzalez) is an anti immigrant then he might think this is an appreciation from anti immigrants. dont you want to convey to him that these flowers are actually from people who got screwed by him and uscis

    There will be no mistaking because we will send mails to every media email address we have about what we are doing. The message will be in there! The flowers are to attract attention!




    devaraj4u@yahoo.com
    08-28 10:19 AM
    My application reached NSC July 20th.
    Check cashed :NO
    Receipts : NO

    Anybody from July 20th got their check cashed or got receipts.

    LUD on I-140 07/28/2007
    Labour PERM Applied : 20-Jun-2006
    Labour PERM Approved : 27-Jun-2006
    I-140 Filed @ NSC : 12-Oct-2006
    I-140 Approved @ TSC : 13-Nov-2006
    485/EAD/FP documents Sent to NSC : 19-Jul-2007
    485/EAD/FP documents Received @ NSC : 20-Jul-2007



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