Legal
07-04 09:10 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
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sanjeev_2004
11-21 11:22 AM
May ask you why you joined this organization if you say that only sick people are frustrated with the delay in GC. By that logic all of us are sick people! I think your comment was made in bad taste and crticizes all the hard work this organization and its members are doing.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.
GreenLantern
02-15 08:01 AM
Give me a preview grinch. I would like to see how somebody else is going about this.
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santb1975
07-01 09:42 PM
We have been there and done that. If someone can get results through an online petition please be my guest and take the lead on the initiative. I will gladly wait to be 1000002'nd person signing the petition.
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
2114
02-21 10:25 AM
Hi,
I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.
There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.
I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.
I have written to my senator no help and also tried to find from USCIS about name-check no luck.
My green-card process has taken over 4.5 yrs now and it� still a black-hole.
The minimal help they can provide us is by having a system to check name-check status and expected date of decision.
Thank you.
I have no news for over 15 months on my FBI security check due to which my 485 approval is delayed.
There is no way to find what�s happening � earlier there use to be an email for FBI to find status but they stopped responding since past 15 months during which I have written to them 10 times but no reply.
I have applied for 4th EAD and AP � each time to apply it costs us $600+time+uncertainty and we have to reapply every 9 months to be safe � this process is not just costing money but also impact work, personal decision and progress.
I have written to my senator no help and also tried to find from USCIS about name-check no luck.
My green-card process has taken over 4.5 yrs now and it� still a black-hole.
The minimal help they can provide us is by having a system to check name-check status and expected date of decision.
Thank you.
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p_kumar
02-21 11:31 AM
thanks for your responses. its just like stock market. who knows what will happen.
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vamsi_poondla
09-26 09:45 AM
If all of us do it, they will probably add an errata
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file485
12-22 09:40 AM
lazycis..
yes..the 485 was filed thru ex-employer based on future employment...
so basically we submitted a future empl letter from ex-employer + the current employment letter with the current employer stating that I am working with the current employer with the same skills mentioned in the labor..
the mess up was submitting the current empl.letter alongwith the G325a form which does not mention the current employer(which was prepared in June 07 before i found this job..)
yes..the 485 was filed thru ex-employer based on future employment...
so basically we submitted a future empl letter from ex-employer + the current employment letter with the current employer stating that I am working with the current employer with the same skills mentioned in the labor..
the mess up was submitting the current empl.letter alongwith the G325a form which does not mention the current employer(which was prepared in June 07 before i found this job..)
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spicy_guy
07-12 04:27 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
Congrats, dude! At least one of the EB 3 I guys speaking up in delight. :D
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snathan
11-13 01:24 AM
Did you see that whoever is crying for spillover is EB2 India. or EB3 ROW. He has his priority date pretty close to cutoff dates in bulletin. So they think by doing spillover their greencard will come few months earlier. This is a selfish thinking. IV should not help such people. They do not care about us. They only care about getting their own greencard. I will oppose this campaign and send letters against this campiagn to whoever you are sending. This campiagn does no help to EB3 India. I am sure many EB2 ROW will oppose you and send letters against your letters. You are trying to delay EB2 ROW greencards by taking from their quota. Even Chinese will oppose you because there are too many Indians blocking the system for everyone.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
Please first donate before demanding IV to spend for you.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
Please first donate before demanding IV to spend for you.
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pappu
04-09 08:43 PM
Old wine tastes good. Does this VB tastes good to you?
:)
:)
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amsgc
07-19 12:06 AM
We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.
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vagish
04-04 03:57 PM
If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
completely agree.
1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.
2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.
If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.
completely agree.
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angelfire76
02-14 01:13 AM
I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
I think you just invented 2 new exams "JRE" and "TOFFEL"? Are these the ones that a police inspector (like you?) needs to take to become a PL/SQL programmer? :D
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chanduv23
07-29 02:03 PM
In that case, employers should mention the following in the offer letter
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
" In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."
This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
Can these companies do this????
Let me tell you my story
I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.
The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.
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Legal_In_A_Limbo
03-10 09:12 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
Seems like you file G-28 by yourself. We are also looking into doing that, but have not been able to get anyhelp. Can you please guide us about filling the G-28. We wil really appreciate that. Is there any particular format we need to follow?
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himu73
07-02 07:34 AM
Hope you understand this is not the only issue we are concerned. If you feel this organization is not for you , why are you browsing here. Keep away. This is not the time we need negative energy like you.
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
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jonty_11
12-12 04:13 PM
USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?
coopheal
10-15 05:09 PM
I will send the letter tommorow.
coopheal
03-12 10:36 AM
WHAT are you all doing? you want our money and our involvement for what?
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
Pappu does not want your money. Shame on you for saying that.
People are contributing it for their own benefits.
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