snathan
01-20 04:27 PM
Now they are start asking the E-E proof for pending I-140 also.
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/995993-new-cis-memo-on-what-is-employer-employee-relationship.html#post1395085
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/995993-new-cis-memo-on-what-is-employer-employee-relationship.html#post1395085
wallpaper Pink Fairy Black Design
piyu7444
05-12 11:10 PM
This might come as a surprise to some of you, but someone needs to say it out loud. GET A LIFE FOLKS!!!! there is more to life then EB, GC and all. it seem all we desi's can think of is how to get a green card so we can live here with peace and never have to worry bout getting laid off or anything.
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
Nitin
USCIS has a format which needs to be followed to get a GC. We all know that how much they follow the format/procedure and how much they screw people from India/China (mostly Indians)
There is no set goal to be just in a WESTERN Country but there is an option to be in US (or for argument UK AUS etc) but that is an option. No one forces us to be here or to be anywhere.........Arn't we here by choice?
I am now sick of hearing about the fraud on h1b. If 20 people out of 100 are like bad apples does that gives USCIS the right to screw people from that country for GC. What is the relationship here? Why all Indians have to suffer due to some pathetic people? Why do we GENERALISE such things?
Not defending any of those people but if someone KNOWS S/W testing and that person is skilled in it why cant that person work? Just the damn degree does not gives anything, one needs real work knowledge.
Could write more but I guess I m done with this post....
Few points:
1) having gc is a privilege not a right.
2) US has every right to choose whom they want to have in their country.
3) If getting PR or citizenship of a western country is the goal there are many countries which have a fair point based system.
4) Considering the number of fraud's committed by Indian body shoppers and people who use them, i am not surprised USCIS is extra careful when it comes to Indian applications. Anyone who got his wife with no exp with software dev an h1b visa from some cheat in Jersey knows what i am talking bout . My freind got his wife an H1 after showing she knew software testing even though her major was fine arts and all she was good at was web surfing :)
5) have a back up. i came here in 2001 as student and have seen it all. I am on h1b since 2004. i knew we have too many people whose sole aim in life is a American GC. to avoid becoming one of those who check processing dates first thing in morning, i applied for Canadian PR, got it in 8 months and i am not even gonna bother applying for labor, i-140 and all those precious life controlling documents.
Wake up friends, you have options. Don't let your life depend on you application status.
Nitin
Nitin
USCIS has a format which needs to be followed to get a GC. We all know that how much they follow the format/procedure and how much they screw people from India/China (mostly Indians)
There is no set goal to be just in a WESTERN Country but there is an option to be in US (or for argument UK AUS etc) but that is an option. No one forces us to be here or to be anywhere.........Arn't we here by choice?
I am now sick of hearing about the fraud on h1b. If 20 people out of 100 are like bad apples does that gives USCIS the right to screw people from that country for GC. What is the relationship here? Why all Indians have to suffer due to some pathetic people? Why do we GENERALISE such things?
Not defending any of those people but if someone KNOWS S/W testing and that person is skilled in it why cant that person work? Just the damn degree does not gives anything, one needs real work knowledge.
Could write more but I guess I m done with this post....
prinive
03-13 10:37 AM
Thanks ... Yes I guess so...
Good luck - Guess u r through
Good luck - Guess u r through
2011 pink n lack butterflies
sobers
02-20 02:47 PM
Note: Sen Domenici is one of the original cosponsors of the PACE Act. Consequently, some of the provisions are similar.
http://domenici.senate.gov/news/record.cfm?id=251739
Domenici Unveils U.S. Immigration Reform Bill
from the Office of Senator Pete V. Domenici
Friday, February 17, 2006
WASHINGTON � U.S. Senator Pete Domenici today introduced legislation to reform U.S. immigration laws, recommending a strategy for dealing with millions of illegal workers in the United States and improving guest worker guidelines.
Domenici today offered the Welcoming Immigrants to a Secure Homeland (WISH) Act of 2006. The comprehensive measure is the second major border/immigration bill offered by Domenici, who believes in a two-step reform approach�secure America�s borders and reform immigration issues. In November, he introduced the Border Security and Modernization Act (S.2049) to address border security issues.
�As a border state Senator and the son of immigrants, I have a unique perspective on immigration. I understand the need to provide a secure homeland for my constituents who see the problems caused by illegal entries into our country every day. I also understand the need to welcome immigrants to our country, so that America remains a country where hard-working, entrepreneurial, and intelligent immigrants can prosper,� Domenici said.
The WISH Act would authorize a series of reforms to U.S. immigration laws including:
� Improving immigration law enforcement
� Creating a new guest worker visa
� Establishing a process for illegal immigrants in the U.S. to gain legal guest worker status
� Improving foreign student, highly-skilled worker and visitor regulations
�The time is right to fix our immigration laws, which are not working properly,� Domenici said. �My bill strikes a sensible and realistic balance between cracking down on illegal immigration while encouraging legal immigration. Slamming the door on immigration or unilaterally deporting millions of illegals already in the country is just unrealistic.�
Domenici said he will encourage the Senate Judiciary Committee to carefully consider his WISH Act and S.2049 as it readies comprehensive border security and immigration legislation for consideration in early March.
Domenici�s bill would increase the number of Department of Homeland Security personnel to investigate human smuggling, employment of illegal immigrants, and immigration fraud. The bill would also increases penalties for violations, as well as provides a system for verifying worker employment eligibility.
The bill would create a guest worker visa for up to three 3-year periods (9 years total) for immigrants to gain legal entry into the Unites States, and potentially apply for permanent resident status. The bill would allow 500,000 such visas the first year, with subsequent visas increased based on market need.
The measure establishes a program to allow illegal immigrants now in the United States�estimated at up to 12 million people�to apply for legal guest worker status. This proposal entails paying a fine and obtaining a legal guest worker visa.
The bill would clarify the limitations and restrictions placed on student visas after 9/11 in order to allow high-tech foreign workers and full-time foreign college students to study, work and travel in the United States. It would also establish a means for foreign students who graduate with honors to be allowed to work in the United States.
The following is a summary of the major provisions of the WISH Act:
>>> IMPROVE ENFORCEMENT
? Requires DHS to add new investigators and enforcement agents to curb human smuggling, hiring illegal aliens and immigration fraud, and add more personnel to process student visa applications.
? Increases penalties for aliens working illegally and employers who hire illegal aliens.
? Requires social security cards to be machine-readable and tamper resistant.
? Provides for employer participation in a system to verify the employment eligibility of aliens and to track aliens� employment.
>>> PROVIDE A NEW GUEST WORKER VISA
? Creates a guest worker visa for aliens to legally come to the United States with their immediate family, work, and travel for up to three 3-year periods. The alien must undergo a medical exam and background check to qualify, and must remain employed to stay in the United States. These guest workers would be allowed to begin paperwork for a change of status to permanent resident after they have been in the United States for 6 years under this visa; if they do not apply for a change of status, they must return to their home country upon expiration of the visa for at least 3 years. Failure to depart upon visa expiration would mean that the alien would be ineligible for any immigration benefit except asylum for 10 years. There would be 500,000 visas that could be issued in the first year under this section; this number could be increased in later years based on market need.
>>> ALLOW ILLEGAL WORKERS TO BECOME LEGAL WORKERS
? Creates a program to allow aliens who are illegally in the United States to obtain the above-referenced visa without leaving the United States. The alien would have to pay a fine for being in the United States illegally and go thru the same application process as aliens applying for the visa legally. These aliens would have to apply for this visa within three years of enactment of the WISH Act. If an illegal alien fails to apply for the visa and remains in the United States illegally, he would be removed and not allowed to apply for any immigration benefit except asylum. After being in the United States 5 years under this visa, any alien who had been in the United States for 5 years prior to the date of enactment of the WISH Act would be eligible to apply for a different visa (but not permanent resident status), but such a visa would not be issued until the alien left the country and reentered thru legal channels. If no new visa is acquired for such aliens, and for all undocumented aliens who have been in the United States less that 5 years before enactment of the WISH Act, when the initial visa expires (after up to 9 years, assuming the alien renews the visa and remains employed), the alien would be required to leave the United States for at least 3 years. Failure to depart when the visa expires would make the alien ineligible for any immigration benefit except asylum for 10 years.
>>> CREATE A MORE WELCOMING ENVIRONMENT FOR STUDENTS AND TRAVELERS
? Removes the cap for H-1B visas for college and non-profit professionals and the world-wide numerical limits for visas issued to aliens who have earned an advanced degree in science, technology, engineering, or math in the United States.
? Allows full-time foreign college and graduate students to work part-time while studying in the United States.
? Allows foreign students who graduate from a U.S. college with honors and who have a job offer in the United States to transition from a student visa to a work visa without leaving the country.
? Allows foreign students to travel outside of the United States to attend a seminar that is related to the student�s chosen field of study.
? Allows guests who are in the United States temporarily on a B-1 (business) or B-2 (traveler) visa to travel no less than 100 miles from the international border during their trip.
http://domenici.senate.gov/news/record.cfm?id=251739
Domenici Unveils U.S. Immigration Reform Bill
from the Office of Senator Pete V. Domenici
Friday, February 17, 2006
WASHINGTON � U.S. Senator Pete Domenici today introduced legislation to reform U.S. immigration laws, recommending a strategy for dealing with millions of illegal workers in the United States and improving guest worker guidelines.
Domenici today offered the Welcoming Immigrants to a Secure Homeland (WISH) Act of 2006. The comprehensive measure is the second major border/immigration bill offered by Domenici, who believes in a two-step reform approach�secure America�s borders and reform immigration issues. In November, he introduced the Border Security and Modernization Act (S.2049) to address border security issues.
�As a border state Senator and the son of immigrants, I have a unique perspective on immigration. I understand the need to provide a secure homeland for my constituents who see the problems caused by illegal entries into our country every day. I also understand the need to welcome immigrants to our country, so that America remains a country where hard-working, entrepreneurial, and intelligent immigrants can prosper,� Domenici said.
The WISH Act would authorize a series of reforms to U.S. immigration laws including:
� Improving immigration law enforcement
� Creating a new guest worker visa
� Establishing a process for illegal immigrants in the U.S. to gain legal guest worker status
� Improving foreign student, highly-skilled worker and visitor regulations
�The time is right to fix our immigration laws, which are not working properly,� Domenici said. �My bill strikes a sensible and realistic balance between cracking down on illegal immigration while encouraging legal immigration. Slamming the door on immigration or unilaterally deporting millions of illegals already in the country is just unrealistic.�
Domenici said he will encourage the Senate Judiciary Committee to carefully consider his WISH Act and S.2049 as it readies comprehensive border security and immigration legislation for consideration in early March.
Domenici�s bill would increase the number of Department of Homeland Security personnel to investigate human smuggling, employment of illegal immigrants, and immigration fraud. The bill would also increases penalties for violations, as well as provides a system for verifying worker employment eligibility.
The bill would create a guest worker visa for up to three 3-year periods (9 years total) for immigrants to gain legal entry into the Unites States, and potentially apply for permanent resident status. The bill would allow 500,000 such visas the first year, with subsequent visas increased based on market need.
The measure establishes a program to allow illegal immigrants now in the United States�estimated at up to 12 million people�to apply for legal guest worker status. This proposal entails paying a fine and obtaining a legal guest worker visa.
The bill would clarify the limitations and restrictions placed on student visas after 9/11 in order to allow high-tech foreign workers and full-time foreign college students to study, work and travel in the United States. It would also establish a means for foreign students who graduate with honors to be allowed to work in the United States.
The following is a summary of the major provisions of the WISH Act:
>>> IMPROVE ENFORCEMENT
? Requires DHS to add new investigators and enforcement agents to curb human smuggling, hiring illegal aliens and immigration fraud, and add more personnel to process student visa applications.
? Increases penalties for aliens working illegally and employers who hire illegal aliens.
? Requires social security cards to be machine-readable and tamper resistant.
? Provides for employer participation in a system to verify the employment eligibility of aliens and to track aliens� employment.
>>> PROVIDE A NEW GUEST WORKER VISA
? Creates a guest worker visa for aliens to legally come to the United States with their immediate family, work, and travel for up to three 3-year periods. The alien must undergo a medical exam and background check to qualify, and must remain employed to stay in the United States. These guest workers would be allowed to begin paperwork for a change of status to permanent resident after they have been in the United States for 6 years under this visa; if they do not apply for a change of status, they must return to their home country upon expiration of the visa for at least 3 years. Failure to depart upon visa expiration would mean that the alien would be ineligible for any immigration benefit except asylum for 10 years. There would be 500,000 visas that could be issued in the first year under this section; this number could be increased in later years based on market need.
>>> ALLOW ILLEGAL WORKERS TO BECOME LEGAL WORKERS
? Creates a program to allow aliens who are illegally in the United States to obtain the above-referenced visa without leaving the United States. The alien would have to pay a fine for being in the United States illegally and go thru the same application process as aliens applying for the visa legally. These aliens would have to apply for this visa within three years of enactment of the WISH Act. If an illegal alien fails to apply for the visa and remains in the United States illegally, he would be removed and not allowed to apply for any immigration benefit except asylum. After being in the United States 5 years under this visa, any alien who had been in the United States for 5 years prior to the date of enactment of the WISH Act would be eligible to apply for a different visa (but not permanent resident status), but such a visa would not be issued until the alien left the country and reentered thru legal channels. If no new visa is acquired for such aliens, and for all undocumented aliens who have been in the United States less that 5 years before enactment of the WISH Act, when the initial visa expires (after up to 9 years, assuming the alien renews the visa and remains employed), the alien would be required to leave the United States for at least 3 years. Failure to depart when the visa expires would make the alien ineligible for any immigration benefit except asylum for 10 years.
>>> CREATE A MORE WELCOMING ENVIRONMENT FOR STUDENTS AND TRAVELERS
? Removes the cap for H-1B visas for college and non-profit professionals and the world-wide numerical limits for visas issued to aliens who have earned an advanced degree in science, technology, engineering, or math in the United States.
? Allows full-time foreign college and graduate students to work part-time while studying in the United States.
? Allows foreign students who graduate from a U.S. college with honors and who have a job offer in the United States to transition from a student visa to a work visa without leaving the country.
? Allows foreign students to travel outside of the United States to attend a seminar that is related to the student�s chosen field of study.
? Allows guests who are in the United States temporarily on a B-1 (business) or B-2 (traveler) visa to travel no less than 100 miles from the international border during their trip.
more...
logiclife
02-13 01:45 PM
I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.
And this year, if CIR or SKIL bill come, we will be able to achive much much more. We are in much better shape and its hard for me to convince you of that unless I divulge details. That I cannot do. Its up to you if you can trust IV core on that.
You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.
That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.
I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?
Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.
For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.
Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.
To quote a bestselling economist Steven Levitt :
"If morality is how we would like the world to work, economy is how the world actually works".
Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.
And this year, if CIR or SKIL bill come, we will be able to achive much much more. We are in much better shape and its hard for me to convince you of that unless I divulge details. That I cannot do. Its up to you if you can trust IV core on that.
You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.
That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.
I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?
Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.
For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.
Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.
To quote a bestselling economist Steven Levitt :
"If morality is how we would like the world to work, economy is how the world actually works".
Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.
alien2006
06-08 07:49 AM
A lot was said above but some basic things still need clarification.
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
No I want the RIGHT to get my GC as soon as I land here on a H1B. They should give me the GC at the airport itself. I'm not waiting one day even. ;)
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
No I want the RIGHT to get my GC as soon as I land here on a H1B. They should give me the GC at the airport itself. I'm not waiting one day even. ;)
more...
Lasantha
03-13 03:41 PM
No, EB3 ROW can use all the available EB3 ROW numbers. But the unused EB2 (ROW/Mex/Phil) have been distributed to the oversubscribed countries.
That's how I interpret that.
The popular belief was that the unused EB2 ROW would first go EB3 ROW but according to this they actually go to the oversubscribed countries in the same category (EB2)
does this mean that EB3 ROW can't use all available visa for 3rd qtr that is why there were visas available for India EB2 (hence the established cutoff date of Dec 2003). but this should only happen if EB3 ROW is current but it is not.
this does not make sense. anybody????
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
That's how I interpret that.
The popular belief was that the unused EB2 ROW would first go EB3 ROW but according to this they actually go to the oversubscribed countries in the same category (EB2)
does this mean that EB3 ROW can't use all available visa for 3rd qtr that is why there were visas available for India EB2 (hence the established cutoff date of Dec 2003). but this should only happen if EB3 ROW is current but it is not.
this does not make sense. anybody????
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
2010 Pink and Black Background
whoever
02-06 02:05 PM
which country you belong to?
more...
WeShallOvercome
11-06 01:25 PM
Actually, not all he said was wrong.
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
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pmb76
07-15 01:20 PM
:( Can the figure $40000 be changed to something appropriate, like " at least the prevailing wage specified by DOL for the job occupation"?
Signed, in fact do we have any lawyers member here, let's sue them as well for spreading the false statements and hurting sentiments of millions.:(
Thank you for your suggestion gdhiren. You are right - prevailing wage sounds good. However since the petition is already signed I can't change it. However nothing in the petition is factually incorrect. It is just one of those things not clearly stated.
Signed, in fact do we have any lawyers member here, let's sue them as well for spreading the false statements and hurting sentiments of millions.:(
Thank you for your suggestion gdhiren. You are right - prevailing wage sounds good. However since the petition is already signed I can't change it. However nothing in the petition is factually incorrect. It is just one of those things not clearly stated.
more...
trueguy
08-12 09:09 PM
It won't help, if everyone starts porting, EB-2 queue will face a similar situation. Porting doesn't happen soon either. With delays in I-140 processing, it may be close to 2 years before you could file for a fresh I-485 with a request to port the EB-3 priority date. Note, this is a grey area and doesn't guarantee you the old PD. If the company is willing to foot the bill, go for it or else IMO it is not worth spending your own money.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
Legislative or Administrative fix is our best option. We should focus on the recapture bill and other initiatives by IV, contribute and participate in the action items. We, as a community should raise enough money for lobbying etc.,
If you stay in EB3-I then you are the last one to get the VISA. If you port it to EB2-I then you put EB3-ROW behind and you get in line first in EB2-I bcoz you will have older PD.
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johnamit
07-16 10:09 AM
signed.
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prince_waiting
12-11 03:02 PM
Left a message which pointed out the fact that around 500000 highly skilled immigrants are waiting to buy a house (median price 250000) resulting in 12.5 billion USD worth business being conducted.
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srkamath
07-17 11:24 PM
He is undoubtedly a populist (he used to be a sycophant earlier ... remember the earlier days on CNN ?), the man is cheap no doubt. He is a nativist, who claims immunity to such charges laid upon him. He never mentions that he is married to a hispanic american lady - well that is a deliberate attempt at cover.
Guess what the " hard core republican ", corporate CEO loving, capitalist champion is now the warrior for the middle class and a critic of the current administration.
Can you actually believe this guy?
I dislike his show, i do not rescept his perspective (because it is mostly based on incorrect or false information) and i sincerely believe that he is a worthless parrot.
Time to act - we must begin countering him.
Guess what the " hard core republican ", corporate CEO loving, capitalist champion is now the warrior for the middle class and a critic of the current administration.
Can you actually believe this guy?
I dislike his show, i do not rescept his perspective (because it is mostly based on incorrect or false information) and i sincerely believe that he is a worthless parrot.
Time to act - we must begin countering him.
more...
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indrachat_75
04-28 07:53 PM
Made by contribution of $100. You guys are doing a stellar job. Hope we all get our Green Cards soon :)
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Indra
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Humhongekamyab
07-02 04:53 PM
I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
I am not an attorney...i am just an immigrant stuck in GC Q like u guys....
Thanks for posting your experience. Good job.
more...
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sayantan76
05-23 09:42 PM
When I called Lucille Raybal Allard's office last week, a rep from the office had an extensive conversation with me about both the bills and they have not heard about them before. He recognized me when I called him back to check if they made a decision.
Alright Folks, Let us not get distracted. We have lots of work to do.
what was the decision though? not trying to question your calling but just curious on effectiveness.....
the fact that the person remembered you does not mean anything.....say, i run a hardware shop and have not sold a mousetrap in months - suddenly 3 people come in asking for a mousetrap - despite the fact that i probably get hundreds of customers - chances are i would remember those 3
Alright Folks, Let us not get distracted. We have lots of work to do.
what was the decision though? not trying to question your calling but just curious on effectiveness.....
the fact that the person remembered you does not mean anything.....say, i run a hardware shop and have not sold a mousetrap in months - suddenly 3 people come in asking for a mousetrap - despite the fact that i probably get hundreds of customers - chances are i would remember those 3
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kc_p21
12-11 08:42 AM
Bump!!
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richshi
04-26 07:42 PM
Just registered as volunteer. Will send a check of $100 first thing tomorrow.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
I will go to Wenxuecity ( a chinese portal) to introduce this great organization and ask people to donate money.
ThinkTwice
07-12 03:13 PM
She cannot make it to the rally.
why do we request Zoe Lofgren to come Peaceful protest march?. Please send her email or call her.
Tell her about your rally and ask her to contribute. This will help us to more support.
why do we request Zoe Lofgren to come Peaceful protest march?. Please send her email or call her.
Tell her about your rally and ask her to contribute. This will help us to more support.
DSLStart
09-17 02:01 PM
How much do these ppl eat? and Bush says food scarcity crisis is because of India ;)
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.