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wandmaker
03-30 02:51 PM
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.

But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.

It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.

I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.

Is there anyone else in the same boat? How long does it take for MTR to get processed?

Nothing to panic, browse through chanduv23's posting(s) - you will be back in track in few weeks.

Most recent case is at http://immigrationvoice.org/forum/showthread.php?t=23800&highlight=revoked+denial
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meetpravee
03-30 02:41 PM
I have read about LUD's so much in the forum. Can somebody please post a link/explain where I can see/track these changes.
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arunkotte
08-06 12:26 PM
On the tax return 1120S Schedule L we have about 170,000 in the retained earnings line. Can this be used as part of the net current assets?
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pncool01
08-09 05:25 PM
Wooooooooohoooooooooooooo...

I received a sms saying that my case status has been updated (weird they sent it @ 9:25 pm PT). I was like here comes another biometrics appointment... but still let's check the status online. To my surprise and by god's grace, case status was changed to "Card/Document Production" (still cannot believe it). I dunno what triggered this but i did contact my Congressman yesterday. My wife's status has also changed to "decision" - should move to "Card production" soon.

My suggestion to all of you - please don't lose patience and do whatever you can from your end to expedite your case. It's your GC and you've to make sure you get it. Contact I/O, infopass and congressman/senator. Don't expect anything from your lawyers as they only care about money and it is in their best interest to see your case pending (more RFEs, EADs, APs, etc).

Thanks and all the best to all of you out there still waiting for your GC.

Praky
Congratulations and best of luck to you on this new journey. I was looking through forums today and saw that I have exactly the same issue as you. (even the email text was identical to what you posted). Can you please inform how you spoke to second level IO?
I plan to contact local congresswoman as well, was there a letter or something you faxed over to them?
Appreciate the guidance, thank you
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fide_champ
03-29 08:42 AM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.

You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.
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BharatPremi
12-13 10:06 PM
Information we want to publicize, and information that we should keep restricted to members.

jazz

That is already happening in state chapters. In my opinion IV still has a need to remain "grass root" organization. And as long as that is needed, "Recurring Contribution" would be more attractive tool. Once we set "Paid membership" concept it will instituionalize and in my opinion at this early stage it is not
advisable.
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ThinkTwice
07-11 05:08 PM
Non Bay area members please volunteer to call, inform and encourage IV members to join the rally.
The Active Bay area chapter members are swamped with other action items.
Please Help!

Fellow IVians or IVers. Whichever you prefer:

You may not be able to attend the San Jose rally but you can still be part of the effort by volunteering to help call the members in California and inform them about this event. You can call even if you are on the East Coast. This is urgent!

This will help us focus on other logistic issues like banners, posting flyers.
Your help will make the San Jose peaceful walk a success!
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gsc999
07-14 09:50 AM
Apologies for the afterthought, this may not be necessary but carry your H1-B with you to the event venue.
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learning01
02-01 02:39 PM
In all areas, it is still honors based system - it is expected companies follow rules and laws. In each area, income-tax, police - law & order, business taxes, the way is less governance and more self regulation.

Most companies follow it in letter and sprit; some don't. It is natural and it is discounted. You are working for success not perfection in government. And this is a free country. If you can (one day), make a better small and medium consulting company. That's what it makes the country great.

Esp the Mom Pop Desi consultancy shops whose main objective is to prey on H1Bs...They should be banned.
I agree that its the lopoholes or worse - Loose enforncement that encourages these consultancy firms to keep exploiting the system.
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RandyK
11-06 11:50 AM
Senator Grassley sponsored H-1B Supplemental Fee legislation which the Senate passed but collapsed at the conference a few days ago. Yesterday, in the "unrelated" "Farm" Bill session, the Senator requested a ten-minute time and made the following statement on the Senate floor. Abstract of the statement -"It Ain't Over T'll It is Over."

Mr. President, earlier this year, the Senate tried to solve the very complex and emotional issue of immigration reform. The immigration bill we considered included border security, interior enforcement, and amnesty. It also included many needed reforms to our legal immigration process. I said throughout the debate that Congress needs a long-term solution to the immigration issue. We cannot pass a bandaid approach that includes a path to citizenship for law breakers; rather, Congress needs to improve our legal immigration channels. I firmly believe companies want to hire legal workers, and people want to enter the United States legally. If we fix our visa policies, we can restore integrity to our immigration system, and all parties can benefit. But if we cannot pass a comprehensive bill--and I think as time goes on it is going to look more difficult as we go into an election year--if we cannot pass such a comprehensive bill, I think that we should consider passing legislation we can agree on. I am taking the floor at this time to talk about the H-1B visa provisions that were included in the immigration bill and ask my colleagues to take a second look at these needed reforms. Many companies use H-1B programs. It has served a valuable purpose. But we need to reevaluate how this program operates and work to make it more effective. The H-1B program was officially created in 1990, although we have brought foreign workers legally into our country for over 30 years. It was brought into existence to serve American employers that needed high-tech workers. It was created to file a void in the U.S. labor force. The visa holders were intended to file jobs for a temporary amount of time, while the country invested in American workers to pick up the skills our economy needed. We attached fees to the visas that now bring in millions of dollars. These fees and the dollars that come with it are invested in training grants to educate our own workforce. We use the funds to put kids through school for science, technology, engineering, and math skills. We provide students with scholarships with the hope that they will replace imported foreign workers. Unfortunately, the H-1B program is so popular, it is now replacing the U.S. labor force rather than supplementing it. The high-tech and business community is begging Congress to raise or eliminate the annual cap that currently stands at 85,000 visas each year. These numbers do not include and account for those who are exempt from the cap. For instance, we don't count employees at institutions of higher education or nonprofit research organizations. We don't count those who change jobs or renew their H-1B visa. My point is, we have many more than 85,000 H-1B visas distributed each year. I am here to tell my colleagues that increasing the visa supply is not the only solution to the so-called shortage of high-tech workers. Since March of this year, the Senator from Illinois, Mr. Durbin, and I have taken a good look at the H-1B visa program. We have raised issues with the Citizenship and Immigration Service as well as the Department of Labor. We have asked questions of companies that use the H-1B visa, and I have raised issues with attorneys who advise their clients on how to get around the permanent employment regulations. I would like to share what I have learned. I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program. In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions. Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions. The Programmer's Guild, a group representing U.S. worker interests, filed over 300 discrimination complaints in the first half of 2006 against companies that posted ``H-1B visa holder only'' ads on job boards. Anyone can go on the Internet and find jobs that target H-1B visa holders. There are more than just national anecdotes, however. Everyday Americans are affected. Since looking into the H-1B visa program, some of my constituents have come to me and spoken out against abuses they see. One of my constituents has shared copies of e-mails showing how he is often bombarded with requests by companies that want to lease their H-1B workers to that Iowan. There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work. Some call these H-1B ``factory firms.'' This Iowan even said one company went so far as to require him to sign a memorandum of understanding that helps the H-1B factory firm justify to the Federal Government that they have adequate business opportunity that requires additional visa holders. It is a complete falsification of the market justification for additional H-1B workers. These firms are making a commodity out of H-1B workers. They have visa holders but are looking for work. It is supposed to be the other way around. There should be a shortage or a need, first and foremost. Then and only then do we allow foreign workers to fill these jobs temporarily. Another constituent sent me a letter saying that he saw firsthand how foreign workers were brought in while Iowans with similar qualifications were let go. He tells me he is a computer professional with over 20 years experience. He was laid off and has yet to find a job. He states: I believe [my employer] has a history of hiring H-1B computer personnel at the expense of qualified American citizens. Another Iowan from Cedar Falls wrote in support of our review of the H-1B program. He is a computer programmer with a master's degree and over 20 years of work experience in that field. He says: Despite all of my qualifications, in the last four years I have applied to over 3,700 positions and have received no job offers. He believes he is in constant competition with H-1B visa holders. I received a letter from a man in Arizona who works for a company that employs dozens of H-1B workers. When he asked his supervisor why so many foreign nationals were being hired, the head of human resources said: If the company has an American and a person from India, both with the same skill set, the company will hire the person from India because they can pay them less. These are firsthand stories from U.S. workers. I ask those begging for an increase in foreign workers to explain these cases to me. Why are Americans struggling to get jobs as software developers, data processors, and program analysts? Senator Durbin and I inquired with several foreign-based companies that use the H-1B program. Rather than sending a letter to all companies that use the program, which would be over 200 companies, we decided to start our investigation with foreign-based entities. Our intention was to learn how foreign companies are using our visas. We learned that the top nine foreign-based companies used 20,000 visas in 2006. Think of what a high percentage that is of the 85,000, just nine foreign-based companies, 20,000 visas in the year 2006. I say that twice for emphasis. It just so happens that Indian companies are using one-third of the available visas we allocate each year, but there is more to learn. We are not done asking questions. We, meaning Senator Durbin and I, continue to talk to U.S.-based companies and companies in our own States that use the program. The Citizenship and Immigration Service also has concerns. Our review has prompted discussion among the executive branch, businesses, labor unions, and workers, and workers are the ones we are concerned about. So we are not the only ones asking questions. The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately. In the meantime, the bill Senator Durbin and I introduced includes measures to rein in the abuse. It goes a long ways to close some loopholes to protect American workers. It is our hope that these measures will bring the program back to its original mission; that is, to help U.S.-based companies find highly skilled workers to fill the shortage for a temporary period of time. That is what the H-1B visa program is all about. Under current law, companies can bring in foreign workers on an H-1B visa without first attempting to hire an American.
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sundarpn
01-03 12:20 AM
bump. :(. pl. keep updated.
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Ramba
10-07 03:26 PM
True, but you are forgetting the basic definition of demand. Demand is willingness to buy supported by ability to buy. If you are from any metros in India, think how many of your Non-IT, mainstream friends draw more than Rs. 50,000 per month? How can someone making even Rs. 50,000 a month afford 50 Lakh flat?

If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)

Cheers

ArkBird

I understand. Even for NRI it is difficut to afford now. The issue is the numbers. How many H1b and L1s come to US from 1990 t0 2008. Very very conservative estimation wil be atleast 2 million. This estimation ignores other NRIs in other country. Apart from this there are many resident IT folks makes 6 digit salary plays the role. If most of them tries to buy, we need to find another India. Indian real estates become a NRI colony,
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walking_dude
12-03 05:29 PM
Contrary to what most believe - Contributing is the easiest thing to do. Send some money and forget about it. And the most effective one too. Lobbying is IVs greatest tool to make changes in the legal system. If you still don't get it, you cannot get any law passed in Washington without lobbying. Whatever we do on the side is to help that effort.

Volunteering is much more tougher. By volunteering I don't mean giving the next Brightest Unworkable idea or the daily-dose of rants on an online forum. Volunteering in my world (real one) means sacrificing personal time (with family) for the greater good of a community.

Calling members, planning & conducting meetings, telecons, write letters to lawmakers and meet them, put IV booths in local events. In short, it's a thankless job. At the end of the day you're more hated than loved (ask Chandu)!

IMO Volunteering and contribution are not separate. It's member buy-in. Either you agree to a principle or you don't. If you agree, you'll contribute as well as volunteer (when you can). If you don't agree, you don't.
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Powersa
07-17 09:33 PM
Thanks all. I read the petition and I think it is great work. Yes, we need to send messages like this as a group.

Allow me to quote from the petition:
"It is required by law to pay an H1-B a minimum of $40000. "

I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?

Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.

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InTheMoment
04-30 11:13 PM
That's interesting...from my visits to various threads and from wait times of my friends (3 to precise) who recently got naturalized, the average time after receipt of N-400 to taking oath is around only 4 to 5 months.


Thanks. I have seen this document before, and if we are both looking at the same place (top of page 10), this is an average estimate that sweeps lot of detail under the carpet. USCIS's yearly updates (http://www.uscis.gov/files/article/Local%20Processing%20Times_FINAL_11Aug08.pdf) reveal more. As I said earlier, depending on where you live, your processing time can be anywhere between 5 and 15 months. From my visits to several naturalization-related threads, I have rarely seen anybody who became citizen under at least 1 year, going as far back as 2002. You are right, we won't expect another rush now as it was in year 2007 (compare the "Total" number naturalized in 2008 with that in 2007, Table 2, page 3, here (http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2008.pdf)). But then, who knows what can happen after 5 years.
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485Mbe4001
01-31 05:29 PM
voted multiple times...

I hope hope they dont launch into a spiel about H1 B when the question is about GCs. It will also show their awareness about the actual issue.
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aj_jadeja
11-15 03:39 PM
I do not mean to be negative, but this immigration debacle does not seem to end. How long do we have to freaking endure this nightmare? IV has been trying for months now...When do you think we will have immigration relief? Are we just going to end up being like thirsty deers in a desert chasing a mirage in search for water?


Are there any astrologers in the forum? Does any astrologer see the retrogression ending soon?

Viva ,

No intention of insulting you but did u ask any astrologer before posting ur post ? :)

on side note i would just say relax a bit i know you sound frustated and we all are. Read forums , chip in with some good ideas , help others and others will help you.

cheers

Aj
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chanduv23
06-07 10:03 AM
Mr Logiclife - you have put things in an excellent manner. It is very true that we are no less than citizens. Citizens, non citizens, aliens etc.. are terms used widely that actually confuse people. For example the term "illegal immigrant" sounds more immigrant than a "legal alien". People just dont understand what is what. I have noticed a lot of people having their own wrong opinions about h1b visa holders. People do not understand what is what. In fact most people on h1b visa do not even know or understand retrogression or other issues. For eg.. I was talking to my friend in India and told him about the issues here, he did not understand, he thought I am having a tough time here and told me he has some friends in US who can help me out with immigration problems. When I explained our issues to some people here, some understood and some did not, they told me they know some lawyers who are very good and can help. One of my old employer started a new company in Atlanta and contacted me and asked me to join, but I told him I cannot because I am stuck with my ppresent employer and will lose priority date blah... he did not understand that and was confused.

Mr Logiclife - what I am trying to say is we have to broadcast and educate people that we are no less than anyone. We have to educate our own folks first that none of the skilled immigrants are less previliged. If a section of your website is dedicated for this effort, it will be great.
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imneedy
02-27 07:02 PM
Exactly.. You apply now.. no way it is going to get approved in time.. substitution approval takes anywhere between 4 months to 1 yr. Most common I heard is 6 months. you try to slide just under the door.. they aren't going to be happy abt it..


Did you hear about premium processing for I-140? Is substitution excluded from this premium process?
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rockstart
06-15 04:52 PM
Left a VM for all the Congress man/ women except Brian Bilbray since his mail box was full, wil call him later
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h1b_alex
03-29 12:00 AM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?
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