Wednesday, June 29, 2011

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  • unitednations
    08-24 09:28 PM
    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.




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  • GCStatus
    09-13 09:36 PM
    I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.

    Yes, It doesnt matter, we are going for it.




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  • mirage
    03-07 11:25 AM
    The Intent & Implicatins could easilty be challenged....I need not have to write how intent could be challenged, as fa as implications are concerned, country cap has given grief to certain section, while they are still living in the country...
    Do we have any reference to say it is unconstitutional ? If EB country cap is unconstitutional, FB cap would be unconstitutional too.

    IMO this entire country cap rule has racist intent. If the caps were to promote diversity, the cap should be based on ethnicity of US population (ctizens and GC holders). Are Indians and Chinese a a mjority in this country ? No.

    How does putting a cap on total visa allocation per year promote diversity ?




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  • bigboy007
    05-12 01:07 AM
    the title of thread suggests the meaning of divided interests... i think we all are ignoring one thing, lets say for ex. the administration changes its tune and makes all dates current. Then is that going to solve our problems will every one get GC right away? I dont know for sure what is the rationale for dates movement either becoz of demand of USCIS or any further directives but one thing for sure... Till Numerical limits disappear ( either by allowing recapture or eliminating country limits) no light in sight... May be it Flower campaign by "EBX" when EBX gets retrogressed is good for words...

    Recap is best bet , becoz with political support rest of world has its not that easy to make a law that will eliminate country limits.. It is there to help for some select countries and keep developing countries at bay.

    You got it just right. Dear friend, this is the truth for immigrant community. Everyone here stands for their own GC, how can we expect others to fight for you. So as and when USCIS hurts different categories, people come here and form a loosely coupled organization.



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  • eb3_nepa
    06-26 05:03 PM
    Eb3_Nepa,

    You are quite mistaken if you think I am going to delete your post just because I disagree with you. One of the things that I love most about this country is the Bill of Rights and the First Amendment that protects free speech. I like the idea the everyone can voice their opinions as long as there are no physical threats or intimidation.

    That being said, we run the risk of having a thread venting frustrations against illegals degenerate into an anti-Mexican thread. We have had a lot of publicity, and many reporters etc read our forum to get an idea of what we are about. They can very easily read one frustrated post from an otherwise reasonable member out of context and decide that we are a xenophobic group. I edited one comment from Santosh's post; and deleted a post of Bkam's. Bkam's post, frankly, was offensive.

    As a side note, I have quite the same frustrations against the "perceived" better treatment that illegals get. If you look at our "Parity" memo where we found that undocumented workers can self-petition for green cards and we can't, I co-wrote it. But let us focus on the positives that we bring and move on.

    Stucklabour, make no mistake. I totally respect the fact and the hard work done by the core group (urself included). I also respect the moderation aspect where, targetting any one particular community shud be removed at once. So to that effect i do agree with you removing some of the offensive looking posts.

    However discussions about legals v/s illegals in the past have been simply removed by suggestions such as "they live in far worse conditions" and "do not denigrate any group". In my opinion when you say "denigrate" it is something to the effect of, "get rid of them all". Saying someone broke the law when they actually did, does not constitute "denigration" per se, & i really commend the fact that you did not delete my post. Thanks for the good job that you guys have been doing.




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  • drirshad
    04-07 09:35 PM
    STRIVE and u will win ..........

    Or at least you will have ur SKILLs ......

    Khan
    ------
    Something worst always happen when much good is about to happen .........



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  • alterego
    03-08 05:15 PM
    I agree that now their spillover policy is more horizontal than vertical.
    Your numbers on EB India visas are fairly close to accurate. 2008 will be very skewed in EB India's direction. It is just that the demand is even more greater than that.
    Those H1b numbers for last year were really an eye opener for me. Sadly unless they decide to treat those issues in tandem, ie cap both or uncap both, this issue is only destined to get worse, recession or no recession.
    On your point about the data not backing up people returning, that issue is multi-dimentional. Sure, if you have come here laid down roots, bought a house, have kids in school etc, you will have a higher tolerance for this crap, but we are in a new phase here, where we have people who came here legally and are now seeing unprecedented retrogression in EB immigration. There is no precedent for this in EB immigration, even pre-Ac21 the retrogression was not as severe. When was the last time EB2 had sustained retrogression over 5 yrs for that long? EB3 for 8 yrs sustained? Additionally those factors I mentioned are real, US citizen kids, eligibility for benefits base on accumulated SS credits etc. The US will eventually have to come to terms with those issues as will the immigrants.
    Also newer immigrants will have reason for pause in their decisions. Some(the best ones) may not come, others that come will repatriate their savings, will not buy homes, etc. All of that represents behavior that would not be in the US interest. Of course I am not sure US lawmakers think that deep, but just saying.




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  • new2gc
    09-03 11:48 AM
    Yes, u r lawyer is right. It is fine to skip.

    Thanks Chantu for the quick response.



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  • kshitijnt
    05-10 03:55 PM
    kshitijnt,

    I know you mean well and trying to do something. But, please do not send this letter.
    The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
    Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.

    Well I have already sent it. Have you done anything else apart from giving me constructive criticism?
    And btw, I am a skilled immigrant for my programming skills, not an english professor.
    One more thing, I am not here to sell my point. I am trying to point out the discrimination in the system. It is for US to decide whether my presence benefits them or not. I am not trying to sell something thats already a hot selling cake.




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  • guru76
    11-18 05:15 PM
    Sent



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  • GCDream
    07-20 08:48 AM
    I pledge $100




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  • amsgc
    08-25 12:47 AM
    gc28262,

    The issue is not with desi consultants. It is with those companies who game the system and take advantage of workers from India. If you believe that the petition filed by your company is legit, then it is all good - you will never have to worry about any audit or RFE.

    As I have said before, the problem arises when some companies file petitions when there isn't an immediate job offer. They often take money from the H-1B worker to file the petition and not pay them when they are on bench - making them vulnerable to USCIS audits. In my view this is bad for the H-1B program and everybody who is involed, and it should be investigated by the USCIS.

    Now, there may not be many who do this - but a few bad apples have certainly given the rest of us a bad name.

    Here are some of the red dot comments I recieved for my early posts. Not that I care about red dots.

    <quote>
    no. i was hired because i was good. you were hired because you were willing to work as a slave for 40k.
    BAN desi consultants, hoarding H1B's from deserving people, BAN everyone who supports them
    </quote>

    To the poster of this message,

    This country is not for incompetent people who fear desi-consultants.



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  • vbkris77
    02-25 07:10 PM
    Payment sent Ref# JB9BKH5W for $20.00




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  • tonyHK12
    02-25 09:34 PM
    Your transaction ID for this payment is: 1KJ77263D2760803K.
    Just contributed another $50 feeling better.

    thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
    So its up to us to work extra hard to achieve things that will benefit 500,000 people.
    Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.

    Here's the facebook link:
    Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
    .



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  • oguinan
    07-09 01:04 AM
    For some postal destinations the USPS offers guaranteed 2 day service. I recently mailed a package where this service was offered. The postal worker explained that if the package was mailed on a Friday, it would be delivered on Sunday. San Francisco, CA is one of the destinations where this service is offered and the package in question was, indeed, delivered on a Sunday.

    You should check whether the postal service offers the 2-day service to the USCIS office.

    United states postal service. My lawyer sent it on june 29 and to this day it's a mestry to me how it was delivered at 10:10 pm at night. I did not think anybody would accept it. BUt if they were working on 25000 in 48 hours. The only reason i think they took it is to finish the number of visa available.
    still It does not mean anything ... they can reject it.




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  • hiUS
    09-03 10:26 AM
    My order so far is follows

    Aug 12 8AM - Email -> Notice mailed welcoming the new permanent resident.
    Aug 12 9PM - Email -> Card production ordered.
    Aug 15 - Email -> Approval notice sent (for ME)
    Aug 18 - Email -> Approval notice sent for Spouse
    Aug 18 - Received I-797C Approval Notice for both me and spouse by USPS. In fact i received 3 original copies of the same approval for me and only 1 for my spouse.

    Still waiting for the actual cards to come.

    I am exactly in the same situation...Did you receive them by now?

    My Details:

    On 8/12/08, I saw the message "Approval Notice Sent" on USCS site for me and my wife. There was no sequence for us like Welcome Notice...Card Production ordered...Approval Notice....The first and only message was Approval notice sent.

    So,

    On 08/18/08 myself and my wife received the mail(post) of approval notice but we did not get the cards. Generally till now what I heard and saw in forums is....when we see the message "Approval notice sent" in the USCIS site, every body got their cards in a week after that message.

    But for us we got only notices saying that it is approved and the message on the Notice says

    "The above application has been approved. Prior to receiving your permanent resident card you may be required to report for biometrics processing (photo/fingerprint/signature). Please do not take any action at this time. If you are required to report for this processing, you will receive another notice advising you of the date time and location to appear.

    If you have not received your permanent resident card or the above mentioned notice to appear for biometrics processing within 90 days, please call this office at the number listed below"

    Please do let me know if any body in the same situation and do we need to do any thing for it.



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  • GCStatus
    09-13 09:36 PM
    I am willing to FUND every last dollar i can. Its a noble cause. I hope the same from you. We hope we have tonnes of hands.

    Yes, It doesnt matter, we are going for it.




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  • eb3_nepa
    05-02 02:57 PM
    Hm....

    Then what is the real need of Eb2 and Eb1 if everything is going to flow to Eb3?
    Technically under which conditions and criteria Eb1 and Eb2 would be applicable?

    GCby3000 u wud still apply under Eb1 and Eb2 depending on the job requirement and ur personal skills. It is just that u will be Exempt from the Cap i.e. the yearly quota for GCs, IF you have an advanced degree in the US.

    Now you can be an Eb2 even without a masters in the US, if you have outstanding management ability and ur job demands that kind of management skill level. In that case the yearly quota cap would apply to u, but if u have an advanced degree in the US the cap wud not apply to u.

    What degrees are considered as advanced degrees in the SKIL bill maybe some on here can clarify. Is it the same definition as the STEM or is it different?




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  • diptam
    07-02 09:16 AM
    Here is my USPS status so far , they are slow in updating than Fedex/UPS.

    Its also true that for Next day delivery they charge $20-25 but Fedex/UPS charges $80-$100. Lets hope it actually reaches there.

    Detailed Results:

    Arrival at Unit, July 01, 2007, 11:38 pm, LINCOLN, NE 68501
    Enroute, July 01, 2007, 7:52 pm, OMAHA, NE 68108
    Enroute, June 30, 2007, 4:09 pm, NORTH READING, MA 01889
    Acceptance, June 30, 2007, 12:34 pm, WOBURN, MA 01801


    Sent on Jun 29 using USPS through 2 days priority.
    Does anyone know how to figure out if USPS has received the packet? Site only tells that shipping info was received on Jun 29.




    gondalguru
    09-02 07:33 PM
    Received the EAD cards today in mail for me and my wife.

    Valid for 2 years.

    Applied at TSC with RD of July 7th.




    snathan
    02-10 03:26 PM
    Come on guys...we are slowing down.



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