somegchuh
05-14 02:52 PM
Yes, there are laws that protect you regardless of your immigration status but how many H1 workers (who btw are non-immigrants, not immigrants) can we find here who have actually gone to the courts? Protection is really limited for an h1 worker. Your status in the country depends on your employer what are the chances you will sue the employer?
Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.
Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.
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wikipedia_fan
07-04 11:38 AM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
GooblyWoobly
09-12 11:53 PM
easy my friend...easy,....breathe.
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
yes, retrogression will remain the same for indians and chinese.....its already pretty bad for the indians. retrogression will hit ROW harder as they are current right now....atleast for EB2. let feb or march 2008 roll around then its going to get worse.
you dont have to get upset....just sit tight and watch the drama unfold.
otherwise you're welcome to fool yourself.
And, would you mind explaining why would ROW get affected? If they were current all along, all the ROW candidates must have already filed, even before july fiasco, right? So, just exactly how do they get affected?
Sorry for the outburst, but I sometimes get tired of people just throwing out speculations :eek: as if they are stating facts. So, back up your statement with logic.
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Imigrait
07-31 12:42 AM
Forget September, can any member say with confidence that dates for October will move forward at least 3 years for each category compared to August Bulletin?:rolleyes:
more...
lacrossegc
07-20 04:53 PM
If you look at THOMAS it actually shows that Yeas are 55 and Nays are 40
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
So the bill passed the voting ....
but it failed because it was ruled "out-of-order" and hence rejected ...
I dont know why it was ruled out of order ... maybe because it was attached to the defence spending bill so it was not the right place to put in this kind of amendment....
I hope that Yeas mean YES and Nay mean "NO" or I need to get my head examined
pcs
05-22 03:08 PM
All members...
Please contribute
Please contribute
more...
gcbikari
04-15 12:59 PM
link (http://www.desicrunch.com/)
I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.
This will help future employees and the immigration community as whole.
I am not sure if there are any legal implication to starting something on IV on this
I think we should start a Employer Hall of shame and nominate employers who are either cheating the employees or the Immigration system.
This will help future employees and the immigration community as whole.
I am not sure if there are any legal implication to starting something on IV on this
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McLuvin
04-02 04:52 PM
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
Well... I agree with you and please accept my apologies !!!
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
Well... I agree with you and please accept my apologies !!!
more...
dilipb
06-23 04:55 PM
I DID NOT pay the huge fee.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
I think they had given a waiver till August 21 or so for the July fiasco filers.
Do you think I still not have to pay or should I pay the fee ?
Oh ya I remember that.
I recommend you talk to some lawyer or call USCIS.
USCIS is helpful.
My take on it is this : you have to PAY $340.
A lawyer will always say "DO AS PER INSTRUCTIONS".
But this case although unique, you still belonged to the pre-aug filers, even though there was a waiver (since u were applying based on PD which was for july month).
I remember that during that time USCIS has instructed everyone to add some kind of bright color sheet / paper on top of your application to state clearly that you belong to that group of pre-aug filing people and that you are filing using the old fee structure. that way you are clearly telling them "dont reject me directly because of incorrect fees".
Again although this seems very straightforward to me, that you HAVE TO pay $340, I still recommend you research more/talk to lawyer/USCIS.
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desidas
02-01 12:28 PM
Gurus,
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
At PortOfEntry, CBP officers are QUESTIONING IF you are working for the sponsoring employer and many folks just switched jobs with AC-21 with no valid H1B anymore.
Questions:
1. What are the Consequences at Port of Entry on travelling with AP and NOT working for the ORIGINAL GC sponsor?
2. Can anyone share thier experience what was the outcome at Port of Entry when the answer is "NO - I am not working with sponsoring employer anymore" Were they held at Portof Entry indefinitely ?
3. What Steps can anyone take when at CBP office/Immigration Official is NOT allowing you to re-enter US on Valid AP (I-485 pending) and you are NOT working for sponsoring employer and no valid H1B?
more...
gc_on_demand
07-30 04:58 PM
Hello there ,
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
From now onwards visa dates will be stable. I mean little or big but most of time forward jump .. Not a big swing that we saw for couple of years.
What bothers me is SPILL OVER. CIS told that EB2 India and China is under their annual limit.EB2 ROW has very less labor compare to last years. For first quarter they had approx 700 LC. if you apply same math then 2800 ~ 3000 LC and 7500 visa needed for all EB2 Row.
Total EB2 has 40k. India and china consume 6k together. Now there should be SPILL of 24k visas to Eb2 India and china.
I am not talking about EB1 Spill ( Which is current till date ) . VO told that EB4 will have cutoff date for Still there can be spill from Eb5.
If no SPILL THEN DATE WILL NOT MOVE SINGLE DAY IN SEP. IF SPILL FROM EB2 only then it will move till MID 2004 . and If more spill then I see we will crossing 2004.
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s_r_e_e
08-22 03:39 PM
When USCIS say 300K applications , isnt that 300K Application PACKETS = 600 - 800K individual AOS apps?. its hard to believe thye have opened them all to get the count.
more...
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dilbert_cal
05-15 12:38 AM
What is your PD ?
My personal preference is for AOS as it gives me much more flexibility. ( EAD and AC21 )
My personal preference is for AOS as it gives me much more flexibility. ( EAD and AC21 )
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gcseeker2002
12-10 04:53 PM
Is the use of EAD possible from 180 days after Receipt date or notice date ? I just crossed the 160 day mark, but I still dont have EAD. Can I use the requirement to use EAD(like a pending job offer) as a reason for Emergency to expedite my EAD, the uscis folks want some real reason to expedite the EAD application.
more...
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skpanda
05-31 11:04 AM
They fall under EB3. This bill if passed may be of some relief for EB3.
Really? Nurses are part of EB?? I was not aware of that. Which catagory EB3? EB2? Just curious. Either way i dont think the president is going to support this one.
Really? Nurses are part of EB?? I was not aware of that. Which catagory EB3? EB2? Just curious. Either way i dont think the president is going to support this one.
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franklin
09-20 02:32 AM
I wonder why the bulletine prediction has not started....it used to be fun...
those people are too busy on the tracker threads now
those people are too busy on the tracker threads now
more...
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indianindian2006
10-01 06:57 PM
If you want OCI, there are a few hoops to jump through -
1. Apply for an Indian passport first.
2. Once the Indian passport is issued, apply for the US passport.
3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.
4. Now you can apply for OCI on the grounds that your son once held an Indian passport.
Did you try the same.
1. Apply for an Indian passport first.
2. Once the Indian passport is issued, apply for the US passport.
3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.
4. Now you can apply for OCI on the grounds that your son once held an Indian passport.
Did you try the same.
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prabasiodia
07-15 02:44 PM
1. Recapture unused visas identified by USCIS Ombudsman
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
2. Remove spouse and children from the numerical limit
3. Either remove country wise (diversity) quota or increase it to some respectable limits that adheres to true representation based on population and the country’s immigration quotient.
4. What about automatic GC, say after 8 or 9 or 10 years in H1/L1 status?
5. Last of all, all the recaptured numbers should go to the persons based on the very first Port Of Entry date with continuous status. It doesn’t matter whether you came on F1 went to H1 then H4. The very first POE date should rule and people that have been languishing for years should get a reprieve. It’ll only be fair that a person that came on 1999 on whatever category gets a visa first than a late comer in 2005. PD is illogical since many of us had to change jobs and do what not and start afresh and still saw no light at the end of the tunnel.
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makemygc
07-06 10:56 AM
It doesn't seem to be fair to people filing after July 2nd. It's causing backfire...
You are not reading it correctly. Lawsuit is not limited to July 2nd filers. That is the reason why attorney's are encouraging to file even now.
On your backfire note, you gotta read Pappu and logiclife postings about some people being happy about the July bulletin fiasco. Read it over the weekend. Those are great postings.
You are not reading it correctly. Lawsuit is not limited to July 2nd filers. That is the reason why attorney's are encouraging to file even now.
On your backfire note, you gotta read Pappu and logiclife postings about some people being happy about the July bulletin fiasco. Read it over the weekend. Those are great postings.
BharatPremi
10-25 10:37 AM
Vkkkk,
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
Look at this thread...He got the RFE on I-140(NSC) in august and the I-140 approved in sept. You never know with USCIS..I know few guys who got lucky with their I-140s. i don't think he was planning to play with our feelings since septemebr...Do you?
http://immigrationvoice.org/forum/showthread.php?t=12905
Shimul999 may not be trying to play or may be doing so, only Shimul999 knows. But there are legitimate observations such as below (Assuming s/he provided all information for his/her case correctly) can lead any person like VKKKK to believe that.
1) He is claiming labor filed in Feb 06 and he got approval in May 06 (As per
his signature). Now if his file is in BEC this would not have happened so it is
safe to assume that either he might have used substitution labor OR his file
is filed in PERM. Now Feb 06 was the initial stage of PERM and during that
period there were lot many software glitches in the PERM system so many
lawyers were almost hesitant to file under PERM. But assuming that his
lawyer took decision to file under PERM, end to end process was almost 4
months for PERM so either his file was reached before Feb 06 then only he
could have labor approval in May 06. So there is definately something
wrong there.
2) If my labor is approved in May 06 why would I wait to file I-140 till Feb 07
(His signature)?
Now 1st point, considering Shimul lucky even that time one can assume it might have happened. For second point one can assume any reason for that long wait so it is not necessary that by looking to these both points we can fairly say that s/he is not representing the fact. It can be a fact and in that case s/he deserves our congratulations.
mayurcreation
02-18 12:11 PM
I have filed FIOA request and got reference no. or control number with below information in letter after 3 weeks of mailing initial form G-639 (notarized)....
All FOIA/PA related requests, including address changes, must be submitted in writing and be signed by the requestor. Please include the control number on all correspondence. Requests may be mailed to the "FOIA/PA Officer at the National Records Center. P.O. Box 648010. Lee's Summit. MO 64064-8010" or fax to 816-350-5785. You may also submit FOIA/PA related requests to email address at uscis.foia@dhs.gov.
Hope this will help some one.
Good Luck.
I have applied for FOIA during Oct 2007. No response yet. Just checked the status. Thank you very much for the link. I did not know it existed earlier. Do you happen to know how I can change the address because I have moved ? I called the number they listed for FOIA on reciept notice. The asked me to call the regular USCIS number to update the address. The person who answered the regular USCIS customer service had no Idea about reciept notices starting with NRC. Any solution for this?
All FOIA/PA related requests, including address changes, must be submitted in writing and be signed by the requestor. Please include the control number on all correspondence. Requests may be mailed to the "FOIA/PA Officer at the National Records Center. P.O. Box 648010. Lee's Summit. MO 64064-8010" or fax to 816-350-5785. You may also submit FOIA/PA related requests to email address at uscis.foia@dhs.gov.
Hope this will help some one.
Good Luck.
I have applied for FOIA during Oct 2007. No response yet. Just checked the status. Thank you very much for the link. I did not know it existed earlier. Do you happen to know how I can change the address because I have moved ? I called the number they listed for FOIA on reciept notice. The asked me to call the regular USCIS number to update the address. The person who answered the regular USCIS customer service had no Idea about reciept notices starting with NRC. Any solution for this?
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