Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
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chanduv23
01-30 01:57 PM
It is just not desi compaanies, but small companies in general want to save every peenny and would like to extract more work and would not mind about ur status or legality but will just get their work done.
When you join desi company you have to deal with crap. Must be very careful while inbetween projects and make sure u don't accrue any bench time.
When you join desi company you have to deal with crap. Must be very careful while inbetween projects and make sure u don't accrue any bench time.
pcs
11-10 09:06 PM
Guys..
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
I have been watching and participating in this drama for a long time....
We must go to court for the correct interpretation and enforcement of UNUSED VISA from ROW / undersubscribed catagories. THERE IS NO CASE FOR EVEN WAITING FOR ONE QUARTER. 20,000 VISA are available unused at a given time, they should ALL be immediately allocated to the guys in the Q.
This will benefit all EB 2 / EB 3
We really should not have any debate about loosing the case etc... Let us try and loose the case... At least , we will have the satisfaction of trying...
If your are with me please respond to this thread
We MUST take the advantage of low VISA usage in this recession and cut the line by tens of thousand
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gimmeacard
07-13 02:51 PM
I am current now (PD: Feb 16th,06) and last time when i was current in 2008 for a month i got an RFE. Even though the attorney replied to the RFE in 3 days, all my case status shows is RFE response received.
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
Ours is a big company and close 2000 people applied for 485 during the July 2007 fiasco and we were asked to send the G28 forms to the attorney by mail with no signature reqd. Apparently almost every got an RFE for that.
I wish i could get to know if RFE was all taken care of and my case is pending for a VISA number. Any way to know if thats the case gurus?
are you with cisco? i am from there
more...
purplehazea
06-12 12:01 PM
just to let you know, even with PD current people have to wait 60-360 days for approval by service center.
You cannot imagine what will happen to processing efficiency at USCIS with additional work.
You cannot imagine what will happen to processing efficiency at USCIS with additional work.
vandanaverdia
09-11 01:51 PM
GC is not too close....
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
September 18 is not far away...
Come to DC and bridge the gap!!!!
GO IV!!!!!!
more...
Hermione
09-26 11:12 AM
Macaca (love your handle, by the way) - wait. All the editor is going to do as a result of these requests is to yank two sentences about the rally out of the article. IV rally does not belong in this article, so all you are going get is LESS publicity. Yes, the article was not factiually correct, but it is not major mischaracterization. It's OK. I'd rather take a CNN article with a slightly incorrect mentioning, then no mentioning.
Just my $0.02
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
Just my $0.02
The email should have info so that recipient can verify that rally was for EB GC issues and not H1B issues.
Say rally was organized by IV.
Put link to IV so they can check IV agenda.
Put link to Washington Post/NY Times article that correctly reported the rally.
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prioritydate
12-22 12:51 AM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
more...
logiclife
04-23 05:29 PM
Everyone, calm down.
Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.
It was a public event and it was well within your rights to ask your question. Fine.
Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:
1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...
Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.
You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).
Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.
2). Need to have a polite tone.
This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.
In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.
Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.
And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.
Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.
It was a public event and it was well within your rights to ask your question. Fine.
Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:
1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...
Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.
You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).
Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.
2). Need to have a polite tone.
This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.
In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.
Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.
And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.
Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.
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DarkChild
02-15 08:17 AM
same here, if i see an example i might jump in, at the moment i have no idea how to start
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kramesh_babu
07-27 08:44 PM
But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!
Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)
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msadiqali
10-23 12:36 PM
Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".
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gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
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nirenjoshi
10-29 12:02 PM
Posted last week..
more...
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desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
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eilsoe
02-27 11:34 AM
actually my benches are just a series of boxes rotated into place and grouped =)
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tabletpc
12-20 04:28 PM
Have you been out of country anytime after this...??If yes then you are fine.
Once you re-enter US..all previous records will be cleared....!!!
Once you re-enter US..all previous records will be cleared....!!!
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prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
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prioritydate
12-20 04:12 PM
"...I dont think you need to worry.. for you knwo what I am saying ..."
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
May be hilarious for you, not for me. You would understand the situation if you were in my shoes.
this is turning out be very hilarious form:):). Good way to get rid of GC frustation.:o
May be hilarious for you, not for me. You would understand the situation if you were in my shoes.
go_guy123
05-26 07:38 PM
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
psaxena....you are the man....or woman (i dont know). every line is true.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
psaxena....you are the man....or woman (i dont know). every line is true.
saimrathi
07-05 01:45 PM
Please make this a paid website, and see how many stick around.. the results will make it clear as to what it should be.. but if you do have members quitting the message boards, they will probably not return..
Instead of debating on this trivial issue, why not spread the word about the VB fiasco to the media etc...
Instead of debating on this trivial issue, why not spread the word about the VB fiasco to the media etc...
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