good idea
09-09 03:52 PM
You know it takes serious $$$ to get anything moving.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
Please consider $50/month level.
I would happily join this but would I have access to Immigration Voice accounts, so that I can find out where that money is spent? Or that option is only for founder members of Immigration Voice? Problem is not contribution, but awareness where that money will go.
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CADude
07-23 05:27 PM
Will wait couple of weeks? worse come worse, will refile in Oct (by than USCIS will take some decision :))
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
My attorney has specifically advised us that we don't have to file again. My application reached NSC on July 2nd.
shannonxi
07-18 10:47 AM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
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logiclife
02-13 12:49 PM
It is an item on the organization's agenda.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
Both for USCIS and BECs to show some transparency. More posts mean more attention, but the posts are made by 800 members and majority of them are stuck in Dallas and Philly BECs or waiting for 485 to be filed so that they can get portability benefit beyond 6th year.
That is much more important than speed of 485 processing. It is on the agenda of the org but the reason you dont see those posts is because its not a problem yet for the majority on this forum. That's just how it works. First things first. You dont find people on student visas worried about Labor backlogs coz they need to find H1 first. You dont find people stuck in labor worried about retrogression coz they need to get their labor approved first without which retrogression or no-retrogression makes no difference to them.
I agree with your idea and understand that USCIS handling of 485 is a serious issue, just trying to explain why you dont see too many posts here for that issue.
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pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
seahawks
04-07 04:45 AM
I remember when I first came on a B1 on christmas Eve, the officer in the POE counter did actually call the number in my invitation letter at night to see if somebody picked up the phone. Of course the client office was closed, but what he wanted to make sure was if the invitation letter was indeed legit and there is a phone on the other side of the number. this was 12 years ago.
But everything else does not seem to add up from the original post, so don't change your travel plans looking at these threads. It is just going to increase your BP and add grey hair:)
But everything else does not seem to add up from the original post, so don't change your travel plans looking at these threads. It is just going to increase your BP and add grey hair:)
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pcs
07-05 02:13 PM
They will be happy...
all the best
all the best
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Beemar
01-18 02:45 AM
I have a slightly off track question. Can the creator of this thread, and other guys who also said they got laid off too, name their companies. I am just curious to know which companies are going through downsizing.
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nixstor
07-03 12:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
AFAIK, this does not work for people who are already in the US. One has to work in their native or different county to be eligible for the EB1 managerial position here. Some one might have sneaked away this way at some time. But this is definitely not happening on a large scale as EB1 is current for all countries for quite some time. If a lot of folks are getting away, EB1 cannot be current for long time.
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squishy
02-23 03:54 PM
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tht is cool
man!
i want to do those stuff
i will learn
tell me a good program
If you want a free program blender not free and cheaper than $500 animtion master $300
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arsh007
01-30 03:49 PM
1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.
3. If you are paying for H1 (which is really not legal) what would you refund them?
So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
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aquarianf
08-03 02:42 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
Did you ask if you can send EVE separately by quoting receipt number or A# well before they issue any RFE on this?
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
Did you ask if you can send EVE separately by quoting receipt number or A# well before they issue any RFE on this?
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senthil1
02-19 09:00 AM
My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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venkygct
07-02 07:31 PM
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tooclose
07-12 06:59 PM
That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.
You deserve a happy hour if thats true, since my PD falls within that window :)
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ushkand
07-24 11:50 AM
I can't say for certain but from recent USCIS actions and the latest FAQ released, I see them issuing an RFE instead of outright rejecting the application. If they will accept applications without medical, they should be able to do the same for an employment letter. Ofcourse, this is just my humble opinion.
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mnq1979
08-21 09:46 AM
Well consult a attorney and discuss with him. Your case looks complicated to me, i would suggest you to get a good attorney to sort this mess.
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raydon
12-13 11:33 AM
Don't know whether to rely on the dates in the visa bulletin. My colleague who is EB3 China with a PD of 2004 got his I-485 approved recently. The dates on the visa bulletin show EB3 China to be June 2002. Wonder of wonders, that is the USCIS.
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
Btw, I shook his hand, hoping that some of his incredible luck would rub off on me. Just kidding - it was to congratulate him on his newly attained freedom.:)
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06-25 05:43 AM
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senthil1
06-12 02:29 PM
It looks like without H1b restrictions you may not get anything. That is mood in the Senate. If CIR is not coming what is your idea? Skill bill seperately is difficult if not impossible. Last minute they may increase H1b for a few years(But last minute increase of GC is impossible. You might have learned lesson on last lame duck session and February 2007) that will further screw up Gc waiting persons.If CIR comes you can have a chance of some favorable amendment in House if not happens in Senate. Also if you oppose CIR you are joining with your enemy and you have risk of losing crediblity. Compete America does not oppose CIR and they are opposing some portions and trying Amendments and they did not advice to any Senator to oppose the bill
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
So what is your point, you say only CIR can bring any relief to eb immigrants and no other bill like skil will be considered, but cir will not gives us any relief at all, so you would prefer a cir without any relief for us rather than not having any bill?
all this talk about cantwell amendment, what does cantwell amendment offer us, it offers us nothing that we dont already have. Canwell amendment is the best amednment we have so far, that should give you an idea of the pathetic situation we are in. Please start opposing this bill. If not, can somebody enlighten me what is the "good stuff" i am missing in this bill.
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