fide_champ
12-11 05:30 PM
it has not been a whole week yet so have a heart. Did you try to track the passprt from the vfs site
The VFS website says the consulate is still holding the passport. My wife also applied for H1B on the sameday/sametime and she got her passport within 3 days. I doubt i am stuck because of this new PIMS rule. Should i send an e-mail to the consulate to confirm it?
The VFS website says the consulate is still holding the passport. My wife also applied for H1B on the sameday/sametime and she got her passport within 3 days. I doubt i am stuck because of this new PIMS rule. Should i send an e-mail to the consulate to confirm it?
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gbof
08-20 09:53 AM
Thanks All-
.. for this valuable information. Best wishes
.. for this valuable information. Best wishes
apple
06-11 03:39 PM
This can financially drain you out. My insurance agent told me that they cant get the money straight out of your bank account , because how will they find out your bank account number and the bank? How do they know how many bank accounts you have? What if you send money to India before the judgement is entered against you? If you have a house, they can go after your house or car. What about their own insurance policy? Maybe their insurance can also pay as uninsured motorist pay? Retirement income is usually protected in some states and hence I dont think your 401K is at risk. Once your insurance company pays out the maximum, you can basically say hands up, I have given up.
I am already financially/emotionally drained out due to my accident. I guess its going to be deja-vu for me again.
Now I have hardly any money in my bank accounts(around 14K to be precise), and no house , which seems to be a good news and they cannot rip off much.
Only questions I have now are:
1. Any idea generally how long these things can go on?
2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?
I am already financially/emotionally drained out due to my accident. I guess its going to be deja-vu for me again.
Now I have hardly any money in my bank accounts(around 14K to be precise), and no house , which seems to be a good news and they cannot rip off much.
Only questions I have now are:
1. Any idea generally how long these things can go on?
2. During the trial will there be any restrictions on leaving the country (In genuine emergency situations)?
3. In the worst case if I am willing to give-up my GC..would it still make sense for us(my spouse and 2 kids) to go thru all this emotional stress all over again by staying here and thinkign about what will happen tomorrow...?
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swarnapuri
01-19 02:58 PM
I am in "Not in H1 and not affected" category but willing to contribute both time and money for this cause.
more...
overhere
07-18 01:51 PM
Thanks...but isn't the post mark date is when you send the mail ?
that's correct.
that's correct.
gc_on_demand
04-27 10:37 AM
Picture will become more clear in MAY when Pres. OBAMA will announce his plan for CIR 2009. If he does then chances of this bill going anywhere is very minimal. Also don't forget that this is just in senate. Same version needs to be pass in House. Amendment to Stimulas package regarding Financial Company cannot hire h1b was relatively easy. It doesnot need bill go through all sub committee and other lengthy process.
I think we should focus only on our main agenda. Green Card. We can closly watch this bill. Even if it advance to subcommitte in Senate ( Hearing and all ) then we can start move on it otherwise we will waste so much of our manpower and energy.
Wouldn't it be their statergy to divert / divide people on H1b / L1b issue so we loose our energy by the time CIR 2009 planing going on. And they can easily add some more real actions in CIR ?
I think we should focus only on our main agenda. Green Card. We can closly watch this bill. Even if it advance to subcommitte in Senate ( Hearing and all ) then we can start move on it otherwise we will waste so much of our manpower and energy.
Wouldn't it be their statergy to divert / divide people on H1b / L1b issue so we loose our energy by the time CIR 2009 planing going on. And they can easily add some more real actions in CIR ?
more...
eb3retro
06-13 09:28 PM
not sure how to do this. can some one in this thread create a poll just for eb3-India just to see a ball park number of people waiting in eb3 india and for how long they are waiting (may be we can start from jan 2001 all the way till jun 2008). This atleast would give us an idea of how many IVers are waiting in eb3 queue..pls discard if you did not like this idea. thanks.
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tulips
05-14 10:08 AM
I think he is right..he is not preaching but just giving different perspective to it. Why do you want to be so desperate to be somewhere where you have to struggle so much just to maintain status. You cant buy a house..always worrying about your status..its not fun!
Why are you being so hard to someone who is just telling you facts ..just because you are not ready to accept the reality?
Why are you being so hard to someone who is just telling you facts ..just because you are not ready to accept the reality?
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chanduv23
04-28 04:17 PM
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
hair 1969 Dodge Charger R/T General
gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
more...
optimist578
04-09 01:31 PM
How do I find out if there has been a Soft LUD? I have an online account on uscis.gov and the "Last Updated" fields are all in 2007 (when I filed my AOS).
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misanthrope
10-03 11:04 AM
So you made use of this opportunity and you are asking others not to do what the law allows them to?...
fyi.. I am an EB2 I candidate and fyi… I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
Please read back and point out where have I expressed my discontent for date porting?
Also, I would not stand in their way but I am trying to express the fact that they themselves chose to agree to the terms in the offer letter. Let me clear out that it stands for every candidate who wanted to apply in a higher priority group be it EB3 or EB2.
fyi.. I am an EB2 I candidate and fyi… I did not port but I will not stand in the way of people wanting to get out of the clutches of those employers who act cheap.
Please read back and point out where have I expressed my discontent for date porting?
Also, I would not stand in their way but I am trying to express the fact that they themselves chose to agree to the terms in the offer letter. Let me clear out that it stands for every candidate who wanted to apply in a higher priority group be it EB3 or EB2.
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s_dhakhwa@hotmail.com
01-31 05:03 PM
Just voted on both.
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JazzByTheBay
12-13 05:16 PM
But the cost of collecting 5 bucks a month from 20,000 members makes this less than desirable. An yearly $60-100 membership fees is what I'd expect to pay to any organization - more if that organization is actually working to make a significant difference to my life, to resolve issues that affect me more most other stuff.
A 2-month trial-membership is more like what a business does... and may not be desirable for all the house-keeping involved in such efforts. For subscription-based content websites, this may be O.K. - but that's exactly what we're not, and shouldn't be perceived as such.
jazz
I would suggest giving a 2 months trial membership during which the candidate can examine the benefits of IV. After the trail period, charge a nominal $5 monthly fee. I think that should be very reasonable, and nobody would lose their sleep over parting with $5. That would easily raise about $100K per month (~20K members*$5).
However we should continue to encourage members to commit to monthly contributions if they choose to voluntarily. Also as someone suggested, different access privelages may be assigned.
A 2-month trial-membership is more like what a business does... and may not be desirable for all the house-keeping involved in such efforts. For subscription-based content websites, this may be O.K. - but that's exactly what we're not, and shouldn't be perceived as such.
jazz
I would suggest giving a 2 months trial membership during which the candidate can examine the benefits of IV. After the trail period, charge a nominal $5 monthly fee. I think that should be very reasonable, and nobody would lose their sleep over parting with $5. That would easily raise about $100K per month (~20K members*$5).
However we should continue to encourage members to commit to monthly contributions if they choose to voluntarily. Also as someone suggested, different access privelages may be assigned.
more...
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viva
02-06 07:59 PM
First off, i have mentioned above that this is NOT a solution to retrogression. Secondly, the USCIS does not care what we say to them, they are going to take exactly how much time they want to take to process our Green cards. All I was suggesting was, we ask for interim relief. Now like Logiclife mentioned we are trying for smaller bits of interim relief and that is a reasonable answer. However please do not make remarks like "this person is here to make money and is not after GC". Are we not all after making money? Is that not why we want GCs? We certainly dont want the GC to frame it and keep it next to our other trophies do we? Then why are people accusing me of wanting to "make money"? The problem with some people on this forum is the lack of respect for an alternate view. It is one thing to disagree and it is another to make ridiculous off topic remarks about what someone said.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
Getting a GC will ensure that you can sustain your money making efforts in the USA. By getting diverted to interim relief for spouse, people will be able to make money, but not for too long without a GC. That's why the focus should be on an action that permanently fixes the situation, rather than a band-aid approach.
Your original comment was ," let temporary be temporary." Frankly, temporary solutions to the US immigration system have made it what it is now. What we need is a permanent fix. Please do not consider that your views are being disrespected. It is just a matter of figuring out the priorities : GC or temporary fixes.
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vbkris77
04-26 12:36 AM
Lets move on and focus on this main topic...
Here are my observations.. Correct me if I am wrong..
1. L1 option for IT is essentially killed
2. Small IT companies will limit the headcount to 50 per company. It doesn't cost much to have more than one company. So no major changes to H1B Desi companies.
3. Most of the big American companies will not offer new H1B with 180 days, since most of them would have had layoffs.
4. Most IT companies will start spending a lot on lawyers. So they will be rich. There will be lot of audits.
5. Companies will complete PERM and I140 before getting a guy onsite, only if people are really interested in coming to USA any longer.
6. Need more clarity on where H1B outsourcing will be stopped...
Here are my observations.. Correct me if I am wrong..
1. L1 option for IT is essentially killed
2. Small IT companies will limit the headcount to 50 per company. It doesn't cost much to have more than one company. So no major changes to H1B Desi companies.
3. Most of the big American companies will not offer new H1B with 180 days, since most of them would have had layoffs.
4. Most IT companies will start spending a lot on lawyers. So they will be rich. There will be lot of audits.
5. Companies will complete PERM and I140 before getting a guy onsite, only if people are really interested in coming to USA any longer.
6. Need more clarity on where H1B outsourcing will be stopped...
more...
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21stIcon
10-07 05:34 PM
Almost all Hyderabad house hold has one or more members live in US, who save atleast 15l/year and invest a lot in homeloand which would translate into sustainable stability in AP,India.
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
Unless US govt. declares bankruptcy, AP real estate would not burst so it would be safe to invest in AP.....
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shahuja
02-06 09:01 PM
hello EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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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...
ash0210
03-09 11:48 AM
Looking at discussion going on here, its sure that IV have financial problems & only 5% (of total 8000 members) are contributing for the cause. Now, if we restrict IV website for "paid" visits, dont you think that IV membership is reduced by 95% to only 400 paying members?
Instead of making "Paid" web site, I think Moderators needs to delete derogatory posts & block such userids.
Instead of making "Paid" web site, I think Moderators needs to delete derogatory posts & block such userids.
abhijitrajan
07-14 09:07 PM
I suggest that you remove the glass house proverb. It makes the letter look a little unprofessional. Your letter without it is already very effective. Also put the "H1-B workers are illegal" quote (if there was such statement made on his show) at the top while you put across your objection. If such statement wasn't made but implied by the guest on CNN, don't put that in quotes.
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