tcsonly
08-26 03:19 PM
Folks,
This is not a financial help/grievance forum to discuss about funds transfer problems, or bank reputation. There are many more places for that purpose. If you cannot find one, start one for yourself.
This forum is meant for discussing US employment based immigration related matters.
If you still have any doubts, click on the "About us" link on top of the web page and dispel your doubts.
Admins: Please close this thread.
This is not a financial help/grievance forum to discuss about funds transfer problems, or bank reputation. There are many more places for that purpose. If you cannot find one, start one for yourself.
This forum is meant for discussing US employment based immigration related matters.
If you still have any doubts, click on the "About us" link on top of the web page and dispel your doubts.
Admins: Please close this thread.
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sledge_hammer
01-31 09:46 AM
- from immigration-law.com
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
1. I was wondering how this rule would affect people like me. My labor has been approved and its been about 50 days. I will be applying for I-140 this week. Will this 45-day rule affect me?
2. If what is stated in immigrationportal about the labor substitution is true, then we don't have any real benefit from the this rule, because all labors certified before the implementation of this rule are not bound by the 45-days time constraint?!? All the so called desi companies may not sell the labors, but would not spend money to cancel it either. So those old labors are going waste as they are still active.
hopelessGC
04-15 01:24 PM
Got Soft LUD on I-485 yesterday. Priority date not current.
Any meaning.
Got a soft LUD on 04/13 for both 485 applications. I-485 mailed on 07/02 and notice date on 09/05.
Any meaning.
Got a soft LUD on 04/13 for both 485 applications. I-485 mailed on 07/02 and notice date on 09/05.
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satyasaich
07-11 01:15 PM
As per my attorney (one of the top 3 in the country), there is already more than enough proof of rejection, which means an actual rejection package is NOT needed at all to proceed with Class action law suite
Example is revised visa bulletin, and that IS sufficient.
Infact, i tried to get some info, but all i got was "something favourable might happen ". That's a very generic statement and means nothing according to me.
It very well could be deliberate, no rejection notices mean, the lawsuit will be weak.
Example is revised visa bulletin, and that IS sufficient.
Infact, i tried to get some info, but all i got was "something favourable might happen ". That's a very generic statement and means nothing according to me.
It very well could be deliberate, no rejection notices mean, the lawsuit will be weak.
more...
sbabunle
02-09 05:53 PM
The closed or cancelled cases will be minimal now since all the 45 day
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
letter is completed . I think 90% or more of the pending cases will be certified.
If LC substitution is eliminated a lot of LCs will be timed out.
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
pansworld
12-03 10:22 PM
Cannot argue with your experience. But I still think providing a convenient automatic way to pay small amounts for a specific period of time will help. (the suggestion of $30 over 6 months or 60 dollars over 6 months etc.) Sure people can do it on their own, schedule it, remember it and have the will to do it et al.
But when I put myself in the donor's shoes, it feels like the old times when there were no automated payments for electric bills. :D
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
But when I put myself in the donor's shoes, it feels like the old times when there were no automated payments for electric bills. :D
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
more...
pansworld
12-02 01:17 AM
Maybe I am being naive. But we are not a political organization. I sure do hope we are not. We should be open, clear and precise about our goals and our funding sources/drives. Frankly our opponents pump in millions of dollars into their effort. Maybe one of these days we can compete with them monetarily. But all I know is they can get millions of dollars but not 25000 committed members.
Also please consider that charging people for reading posts et al or instituting monthly payments will drive people away. People who cannot pay will not pay. All we lose is participation which is more important. You will agree that we want more participation not less.
Hence IMHO we disclose our goals. We disclose our costs up front. We have nothing to hide.
Also please consider that charging people for reading posts et al or instituting monthly payments will drive people away. People who cannot pay will not pay. All we lose is participation which is more important. You will agree that we want more participation not less.
Hence IMHO we disclose our goals. We disclose our costs up front. We have nothing to hide.
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sdrblr
09-17 01:28 PM
Nice !! congrats
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
I think it is time for you to remove the words "** Still waiting for magic email - have mercy!"
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
more...
santb1975
06-05 10:38 AM
Keep this campaign going
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
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unchew
06-05 02:21 PM
I don't know why but that remembers me of Bethoven...
more...
gsc999
07-19 06:01 PM
Guys I am ready to pay my dues to core....If you want I can start a thread to track the payment only for the core members. Lemme know what do you think.
Zoooom & Anzerraja:
The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.
Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.
We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
1) Should they contribute to IV directly
2) Send a personal check to Aman.
3) Other method like IV reimbursing Aman and others from the common donation corpus.
Zoooom & Anzerraja:
The core membership may be modest and may not want to speak out much on this issue. It becomes our prerogative to drive this.
Lets do this. Zooom do you mind opening a separate thread, "Reimburse past expenses to Aman & other IV Core members" or something like that. Please post a message asking people to "pledge" an amount towards that effort. Can you two drive this effort. I am also available for assistance.
We will update members who pledge how to finalize their pledge by any of the following methods based on subsequent expert advice:
1) Should they contribute to IV directly
2) Send a personal check to Aman.
3) Other method like IV reimbursing Aman and others from the common donation corpus.
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sri1309
12-22 08:04 AM
Minimal response so far. Please have this as an action item and please remove all the old links that are less valid now. If we can have some fresh links and those which can blink , it may attract attention. I know the other way will be when the situation changes like a job loss or out of status.. but I think we dont need to wait too long..
more...
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cgeek4u
07-16 06:07 PM
Signed
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enigma
12-04 05:33 PM
PD Nov, 2003. NC or Security check is pending.
more...
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invincibleasian
02-01 12:21 PM
BS!. I worked my ass off here in graduate school and spent more then 30K $.
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pd_recapturing
04-06 09:49 PM
TSC is down so no online status update. A lot of people are having this issue.
more...
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pappu
07-02 11:43 AM
I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.
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eb3retro
11-02 11:55 AM
I would like to share my experience and it may help some people here.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
now that this is not a private issue anymore (you have taken the employer to the court and DOL) you can defenitely save some souls if you reveal your employer here. having said, wish everyone had courage like you. good job.
My H1 was sponsored by company A when I was working with them on OPT. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them.
Afetr 1 month of my H1 approval, I got a better job offer from company B and I got the H1 transferred. I notified my client and company A who threatened to revoke my H1, take me to court etc etc. They also withheld 4 weeks of my pay.
After joining company B, I filed a complaint against company A with DOL that they withheld my salary and also they demanded H1 fees from me. After 2 weeks of that complaint, my salary was deposited into my account and DOL was looking into my complaint about H1 fees. This case finally got resolved last week after about 18 months, when DOL finally persuaded company A to pay $3000 back to me.
I would request everyone who is a victim of these blood sucking employers to
take every possible action against them. There's a very little chance that they would go to court because they are themselves involved in gross irregularities.
now that this is not a private issue anymore (you have taken the employer to the court and DOL) you can defenitely save some souls if you reveal your employer here. having said, wish everyone had courage like you. good job.
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saurav_4096
10-09 05:47 PM
I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.
and also we can transfer our H1 to new company also. thats what i am doing now.
hope this helps!! and this was the answer from 2 lawyers which i asked.
Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.
Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?
Saurav
JazzByTheBay
12-13 04:59 PM
And voluntarily joining an organization, a professional organization, which is funded by membership dues.
I never have and never will like the idea of being asked to pay, I give what I can unasked.
Unfortunately, the statistics paint a different picture of us "members" as a whole... and that's what needs to be addressed asap.
What of the people that by circumstance do currently not have these amounts of money to spare. I should not have to feel excluded nor should I have to explain my very personal reasons why to everyone.Of course! And for those who genuinely cannot pay *the doors are STILL OPEN - prove your commitment by volunteering. Does that work for you? Or (in all seriousness, treat this as a question that needs to be answered) - are you simply looking for a forum/messageboard?
Have you guys looked in the forums lately, people are getting "yelled" at and talked to rudely if they do not disclose how much exactly they have contributed. So we are only allowed to an opinion or help if we have money?Of course not! And I hate that "being yelled at" as much as anybody else on this forum. Which is why the concept of paid membership. Nobody asks you how much you paid/contributed in every second post - isn't that what you really want???
I will contribute when I have money to spare, however it seems I will have to leave this organization based on the comments that have been out there before I get to the point where I can afford to contribute. That goes for both time and money, some of us have responsibilities that we do not want to disclose. So basically all you want is some organization and members to do their work, while you come to the forums, vent your frustrations, pass your time, get some answers and opinions to your problems, and leave to tend to your "responsibilities" - because you have both financial obligations and time commitments that are completely unique, and you are the only person who is saddled with those - whereas everyone else leads a happy, prosperous life, with time and money to spare? Nice!
*sigh* I might have just opened myself up to the ones that like to attack....go ahead...Don't think of this as an attack. That's not the purpose. If this proposal forces you think what's IV really worth to you - regardless of whether you are actually motivated into contributing or volunteering or not - I will consider the time spent on this thread a great investment!
However, if all you think of IV is as a message board and a bunch of idiots trying to fix things that may never get fixed, and if they do - you'll always stand to gain - a membership-based organization would better serve the needs of the rest, imho.
cheers!
jazz
I never have and never will like the idea of being asked to pay, I give what I can unasked.
Unfortunately, the statistics paint a different picture of us "members" as a whole... and that's what needs to be addressed asap.
What of the people that by circumstance do currently not have these amounts of money to spare. I should not have to feel excluded nor should I have to explain my very personal reasons why to everyone.Of course! And for those who genuinely cannot pay *the doors are STILL OPEN - prove your commitment by volunteering. Does that work for you? Or (in all seriousness, treat this as a question that needs to be answered) - are you simply looking for a forum/messageboard?
Have you guys looked in the forums lately, people are getting "yelled" at and talked to rudely if they do not disclose how much exactly they have contributed. So we are only allowed to an opinion or help if we have money?Of course not! And I hate that "being yelled at" as much as anybody else on this forum. Which is why the concept of paid membership. Nobody asks you how much you paid/contributed in every second post - isn't that what you really want???
I will contribute when I have money to spare, however it seems I will have to leave this organization based on the comments that have been out there before I get to the point where I can afford to contribute. That goes for both time and money, some of us have responsibilities that we do not want to disclose. So basically all you want is some organization and members to do their work, while you come to the forums, vent your frustrations, pass your time, get some answers and opinions to your problems, and leave to tend to your "responsibilities" - because you have both financial obligations and time commitments that are completely unique, and you are the only person who is saddled with those - whereas everyone else leads a happy, prosperous life, with time and money to spare? Nice!
*sigh* I might have just opened myself up to the ones that like to attack....go ahead...Don't think of this as an attack. That's not the purpose. If this proposal forces you think what's IV really worth to you - regardless of whether you are actually motivated into contributing or volunteering or not - I will consider the time spent on this thread a great investment!
However, if all you think of IV is as a message board and a bunch of idiots trying to fix things that may never get fixed, and if they do - you'll always stand to gain - a membership-based organization would better serve the needs of the rest, imho.
cheers!
jazz
eagerr2i
07-19 11:49 AM
As Pappu mentioned, the $ 64,000 figure is not a typo. That indeed is the money that was spent by him individually. Logiclife and others made trips to DC,air travel, hotel etc.. does add up real fast. All the expenses on these travels have been borne by the individuals and have not been reimbursed. More than 99 % of the IV funds has been used for advocacy efforts and getting council.
The kind of commitment shown by Aman and logiclife is unparallel and they deserve our salutes and wishes. Also, do not forget to contribute to Immigration Voice. What we have achieved is interim relief, there has more work to be done in the future.
The kind of commitment shown by Aman and logiclife is unparallel and they deserve our salutes and wishes. Also, do not forget to contribute to Immigration Voice. What we have achieved is interim relief, there has more work to be done in the future.