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gccovet
06-13 10:21 AM
I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.
After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.
let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.
I can understand your feelings.
As of now, the only solution is to support IV to push for getting wasted numbers back and removing per country quota.
-GCCovet
After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.
let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.
I can understand your feelings.
As of now, the only solution is to support IV to push for getting wasted numbers back and removing per country quota.
-GCCovet
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jthomas
01-13 07:15 AM
I had signed in but don't know how to vote. The link you mention below does not work either.
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
All,
Please do this, register yourself, and search for "immigration". You will see 10-15 questions. Please vote for them. Please pass on the message to your friends. Obama wants to hear from us..
http://change.gov/page/content/openf...17_private_url
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logiclife
01-29 07:31 PM
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
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desi3933
03-22 11:26 AM
I was referring to "AC21 Memo" not the "AC21 law".
I agree with your statement that AC21 is a law.
ok, probably you meant memos issued by USCIS for AC-21 implementation.
Would you please explain what you meant by "real memo" when you wrote
AC21 memo is a real memo
I am not aware that there multiple kinds of memos.
I agree with your statement that AC21 is a law.
ok, probably you meant memos issued by USCIS for AC-21 implementation.
Would you please explain what you meant by "real memo" when you wrote
AC21 memo is a real memo
I am not aware that there multiple kinds of memos.
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11-04 07:46 AM
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sledge_hammer
02-01 01:49 PM
I am desi also, but I hate these consulting companies who do that. I worked my a** off to get a full time job, never faked my resume. People in this forum who blame it on the system are as guilty as the desi companies. Come on people, who are you all kidding, can you commit a crime and balme it on society/system for it? This is the typical of our Indian way of thinking!
A CRIME IS A CRIME. PERDIOD.
A CRIME IS A CRIME. PERDIOD.
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titu1972
02-28 09:23 AM
Here is email detail of one of their Another Desi-sales guy Named as Amecian Guy
We have a Pre Approved Labor (LCA) for the position
> of a Programmer / Analyst with 7 (seven) or more years
> of work experience. This is an urgent position to be
> filled on a time bound basis and we are entertaining
> applications for the same.
>
> To fulfill the above-mentioned position, you need to
> be an IT Professional with:
>
> a) Bachelor's Degree (4 years) in Mathematics /
> Computers / Engineering or other related field (On or
> before November 26th, 2000)
> b) One (1) year or more of work experience in the
> IT field (On or before November 26th, 2001)
>
> The following professionals are eligible to apply:
>
> a) .NET Developers / Programmers
> b) Java Developers / Programmers
> c) Oracle DBA / Developers
> d) Unix Administrators
> e) SAP Professionals (All Modules)
> f) PeopleSoft Professionals (All Modules)
> g) QA Testers
>
> You should be willing to work at various unanticipated
> work site locations, throughout the United States on
> assignments, generally 4-10 months in duration.
>
> If your profile is in sync with the mentioned
> conditions, please give us a call to discuss the
> opportunity.
>
> Regards
> William Stryker
> IT Recruiter
> Mcdowell Tucker & Co, Inc (DBA) Novel Team
> 17480 Dallas Pkwy, # 114
> Dallas, TX-75287
> Ph: 972-215-0223
> Ph: 972-407-9921
> Fax- 214-257-0359
> Email: williamstryker@novelteam.com
> Email: stryker.william@gmail.com
> Website: www.novelteam.com
These guy demands 30% of your current salary and asked to join their payrol. After that they'll shuk ur blood. Be careful about this company. Probably many of u have received the email.
We have a Pre Approved Labor (LCA) for the position
> of a Programmer / Analyst with 7 (seven) or more years
> of work experience. This is an urgent position to be
> filled on a time bound basis and we are entertaining
> applications for the same.
>
> To fulfill the above-mentioned position, you need to
> be an IT Professional with:
>
> a) Bachelor's Degree (4 years) in Mathematics /
> Computers / Engineering or other related field (On or
> before November 26th, 2000)
> b) One (1) year or more of work experience in the
> IT field (On or before November 26th, 2001)
>
> The following professionals are eligible to apply:
>
> a) .NET Developers / Programmers
> b) Java Developers / Programmers
> c) Oracle DBA / Developers
> d) Unix Administrators
> e) SAP Professionals (All Modules)
> f) PeopleSoft Professionals (All Modules)
> g) QA Testers
>
> You should be willing to work at various unanticipated
> work site locations, throughout the United States on
> assignments, generally 4-10 months in duration.
>
> If your profile is in sync with the mentioned
> conditions, please give us a call to discuss the
> opportunity.
>
> Regards
> William Stryker
> IT Recruiter
> Mcdowell Tucker & Co, Inc (DBA) Novel Team
> 17480 Dallas Pkwy, # 114
> Dallas, TX-75287
> Ph: 972-215-0223
> Ph: 972-407-9921
> Fax- 214-257-0359
> Email: williamstryker@novelteam.com
> Email: stryker.william@gmail.com
> Website: www.novelteam.com
These guy demands 30% of your current salary and asked to join their payrol. After that they'll shuk ur blood. Be careful about this company. Probably many of u have received the email.
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rajmehrotra
09-17 02:18 PM
Laws are like sausages, it is better not to see them being made.
- Otto von Bismarck
- Otto von Bismarck
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gc28262
01-22 07:19 AM
MurthyDotCom : MurthyBulletin (http://www.murthy.com/bulletin.html)
Conclusion
?MurthyDotCom
Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
?MurthyDotCom
The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
?MurthyDot
Conclusion
?MurthyDotCom
Employers whose business model may be viewed by the USCIS as within the third-party placement are likely to face RFEs in their H1B petitions. Such employers need to review the factors set forth in the memo as indicators of control, and anticipate the need to prove control over their employees or modify their practice to incorporate the factors to establish a direct employer-employee relationship. This memo is significant to the IT consulting industry, and could disrupt many other business sectors. Absent this source of workers, the end clients would be forced to change their business models with regard to how they meet their short- and mid-term IT needs. The impact would not be limited to IT consulting companies, but would also be felt by their clients, which include many of the largest U.S. companies and even the U.S. federal government.
?MurthyDotCom
The Murthy Law Firm recently has responded successfully to RFEs on the employer-employee issue. To the extent appropriate, we will utilize the new memo and USCIS update as additional guidance on acceptable evidence in such matters. The memo appears to change prior, established practice and law. It is inconsistent with other federal statutes in defining the terms "employer" and "employee." A challenge by H1B employers may be required, unless the USCIS reconsiders or modifies its position. We at the Murthy Law Firm remain available to assist our clients in connection with H1B cases, including issues that will arise as the result of this memo.
?MurthyDot
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mirage
03-11 10:07 AM
I spoke to him yesterday, this is what he told me 'I wrote this letter long back, neither I remember what I asked nor I kept a copy but we can presume I asked about pending I-485 applications, because just asking pending 'applications' for Indians wouldn't have made sense anyway, than it could be any application Citizenship etc, etc..
...
I think we still are waiting from the member to tell us, exactly what was asked of the senator.
GO I/WE GO. TOGETHER WE CAN.
...
I think we still are waiting from the member to tell us, exactly what was asked of the senator.
GO I/WE GO. TOGETHER WE CAN.
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gc_check
07-12 06:00 AM
USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
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gccovet
11-10 02:10 PM
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
Did I understand wrong?
After 6 yrs on H1 with pending AOS, if 485 gets denied, H1 is not renewd. So far so good....
I am under impression that aftet the denial, person still has whatever time left on his H1 to stay and work till H1 expires. No futher extension will be possible due to denial.
Is above statement wrong????
I had checked with my attorney, he had mentioned that I could keep on working till my H1 expired.... I will recheck with him.
Regards.
GCCovet
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snathan
04-27 11:47 PM
Agreed that this will throw out all the crappy body shoppers. This is what we need in future not to make it difficult for future h1-b or other people. We should infact support this bill as this will weed out many Indian Body shoppers and benefit everyone.
This is nothing new but most of it is just implementing what is already in low. Thats my take on it.
Throw your GC and become H1...then you will understand the meaning of this bill
This is nothing new but most of it is just implementing what is already in low. Thats my take on it.
Throw your GC and become H1...then you will understand the meaning of this bill
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StuckInTheMuck
04-28 12:28 PM
Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.
GCCovet
True, we do not carry passports every time we step out of our house (for example, when going to pick up Bud Lite from my neighboring grocery store). But I would think that passports, unlike the PR card, are not designed to be tucked into your wallet for carrying around. Also, for PR cards the always-carry-it-on-your-person law is explicitly stated (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas, stray cases notwithstanding (http://immigrationvoice.org/forum/showthread.php?t=16736), I am not aware of a similar law for passports (except maybe when you do not have your usual ID, such as DL).
GCCovet
True, we do not carry passports every time we step out of our house (for example, when going to pick up Bud Lite from my neighboring grocery store). But I would think that passports, unlike the PR card, are not designed to be tucked into your wallet for carrying around. Also, for PR cards the always-carry-it-on-your-person law is explicitly stated (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas, stray cases notwithstanding (http://immigrationvoice.org/forum/showthread.php?t=16736), I am not aware of a similar law for passports (except maybe when you do not have your usual ID, such as DL).
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pappu
09-29 01:50 PM
I recently saw one case where an H1B application was reopened. The LUD was updated even after being approved more than a year ago. The reason was that the company had applied for an L1 visa for another applicant and the case received an RFE and all other immigration cases of the company came under review. The new L1 visa case was denied but the old H1B approval for another applicant did not get any denial or RFE. So make sure you work for a good company and have a clean immigration case, else there are some scares along the way.Thanks Pappu.
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.
As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.
But an H1 which was approved an year ago, I have'nt heard of anysuch thing.
There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....
Lets see what the notice says..and I will update everyone of the findings...
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jthomas
05-08 10:29 PM
Congrats desi3933.
Start applying for a job. A better keyword would be "US citizen + <your field of interest>.
Find a job for Citizen only and enjoy life.
Start applying for a job. A better keyword would be "US citizen + <your field of interest>.
Find a job for Citizen only and enjoy life.
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whiteStallion
06-12 05:20 PM
An accident is an accident. It was on a public road and you were within speed limit. If someone does not want to get hurt they should sit at home their whole life and pray that the roof does not drop on them.
Tell it to a lawyer!
On a different note, you can file claims till 24 months after the accident and if any of the victims are minor, they can file a claim(medical/emotional blah blah) till they turn 18(if I remember correctly).
Tell it to a lawyer!
On a different note, you can file claims till 24 months after the accident and if any of the victims are minor, they can file a claim(medical/emotional blah blah) till they turn 18(if I remember correctly).
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pdakwala
04-10 11:25 AM
We have long way to go. People please contribute. If you are thinking that senate is on two week recess so nothing is going to happen then you are wrong.
Senate republicans will be working hard to come up with something that addressess the immigration problem. Senate republicans know that border security and immigration is an important issue and they just can not ignore it. So please contribute.
When you get GC your whole family will get benifit. Family of 4 contributing $100 to immigration voice means that per person you have contributed only $25.00. PLEASE BE GENERIOUS AND CONTRIBUTE ON BEHALF OF YOUR FAMILY TOO.
If you are single, please tell your friends to contribute too. Please remember that your success depends on how much you contribute. Don't wait for last minute.
Senate republicans will be working hard to come up with something that addressess the immigration problem. Senate republicans know that border security and immigration is an important issue and they just can not ignore it. So please contribute.
When you get GC your whole family will get benifit. Family of 4 contributing $100 to immigration voice means that per person you have contributed only $25.00. PLEASE BE GENERIOUS AND CONTRIBUTE ON BEHALF OF YOUR FAMILY TOO.
If you are single, please tell your friends to contribute too. Please remember that your success depends on how much you contribute. Don't wait for last minute.
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indyanguy
06-12 05:17 PM
It?s really a sad state for us, first the lawyer?s then the BEC delayed the cases, then the july fiasco.
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
I strongly think it's worth it
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
I strongly think it's worth it
B3NKobe
06-08 10:13 AM
:lol: @ MetteBB!!
NEW ENDING DEADLINE: 20th JUNE 2005!!
NEW ENDING DEADLINE: 20th JUNE 2005!!
gjoe
10-28 07:19 PM
I am a registered member not contributing financially so far. I beliefs are as fake as "reverse brain drain". I am neither fake nor anti immigrant. I am not a citizen of the USA nor a permanent member to be anti immigrant. But I always like to try and see if I can walk a mile in their shoes before making tall claims about anything. I beleive the USA govt will really stop the reverse brain drain if it is that big an issue for them without even we trying to tell them.
Are you going back to your home country?
If yes, let us all know when?
Please also post your name and address and we will all come for your farewell party or organize it for you We will also invite media to record it. Once you do it, a lot of people may follow you as an example. But we need someone to start. No better person than you who came up with this idea.
How does that sound as an idea?
BTW I fully believe that you are a fake member. Only fake members or anti-immigrants with fake emails and incomplete profiles post use useless threads. The reason is that they are scared. I hope you are none of those.
Are you going back to your home country?
If yes, let us all know when?
Please also post your name and address and we will all come for your farewell party or organize it for you We will also invite media to record it. Once you do it, a lot of people may follow you as an example. But we need someone to start. No better person than you who came up with this idea.
How does that sound as an idea?
BTW I fully believe that you are a fake member. Only fake members or anti-immigrants with fake emails and incomplete profiles post use useless threads. The reason is that they are scared. I hope you are none of those.
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