sidbee
01-19 08:56 AM
This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
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wandmaker
06-06 05:29 PM
Just finished calling all of them. Was very easy. 9-11 minutes top.
GCCovet
Thank you
GCCovet
Thank you
srikondoji
06-07 12:38 PM
In same vein, driving on road is privillege not a right.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
In anycase, what we can only do with existing law is work with law makers and not protest.
Thanks again for nice discussion.
With 'privillege' you have to follow existing rules religiously then if it was a 'right'.
In anycase, what we can only do with existing law is work with law makers and not protest.
Thanks again for nice discussion.
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laksmi
07-02 03:41 PM
If any employer is minting too much and troubling a lot, make all necessary advances that one can physically produce, in such case once the person is approved with good status of Green Card one can sue the employer, that would be the right time to bring him to justice.
more...
rkat
07-18 11:09 AM
PD- April 2006
Date Delivered To USCIS: July 13 (friday the 13th.!)
Service Center: NSC
Rejected: ??
Date Delivered To USCIS: July 13 (friday the 13th.!)
Service Center: NSC
Rejected: ??
gceverywhere
06-09 04:13 PM
It takes less than 10 minutes to call ALL of these offices. I just finished calling everyone and did not have to leave any voicemail. They took the message and told me that they will pass on the message.
Please call now if you still haven't....
Please call now if you still haven't....
more...
lost_in_migration
04-11 10:47 AM
I've sent my $100 towards $150K...a drop in the ocean...a drop nonetheless. Thanks to the IV team :)
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rajuseattle
12-29 07:20 PM
I just submit my story to the obama-biden transition team.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
IV members please visit the website link provided by IV and submit your stories to the transition team.
Hope they hear us and do something to get some kind of administrative relief for employment based legal immigrants.
For India/China both EB-2 and EB-3 are heavily backlogged and unless the new administration recaptures lost visa numbers due to bureacracy, it will be
impossible to catchup the old backlog pending since 2001.
more...
logiclife
02-01 01:04 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
H1B problems have nothing to do with retrogression.
If H1B employees are being mistreated by a certain class of employers, then what does that have to do with shortage of visa numbers?
Nothing.
Misuse and abuse of H1B program did not cause retrogression. And if the abuse ends, its not going to end retrogression. The H1B program does provide ammunition to anti-immigrants to use that paint-brush and paint the entire program of H1B and Employment based GC as bad. Fortune 500 companies dont engage in unethical behavior. The TCS, Wipro etc maybe do that. Small bodyshops certainly do that. I am yet to see a small body-shop, operated by a citizen of foriegn origin, working by the book and treating employees well.
But all said and done, these things make our life more difficult and exacerbate the situation that arose from retrogression. However, these things didnt cause retrogression.
At the most, these issues of H1B abuse may have provided support to some groups in keeping the H1B quota down. However, it has nothing to do with EB quota. In fact, IEEE-USA advocates bringing down H1B quota and RAISING the employment based GC quota, in order to remove factors that encourage employer abuse.
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aj1234567
07-16 12:46 PM
signed
more...
hydboy77
04-15 02:14 PM
does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
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tnite
10-24 01:39 PM
I'm just keen to find out what's going on, and to get input on whether the I-129 being revoked is anything that can affect the I-140/I-485. I doubt it but would like to be sure. And to share what's going on in my case with others where it may have more of an impact if their H-1B ends up being revoked.
Anyway, I doubt if it's anything that can't be fixed; my company is very reputable and our attorneys are already engaged.
You had mentioned in your previous post that your EB2 green card was approved in June 2007or did you mean EAD?
Am I missing something?
Anyway, I doubt if it's anything that can't be fixed; my company is very reputable and our attorneys are already engaged.
You had mentioned in your previous post that your EB2 green card was approved in June 2007or did you mean EAD?
Am I missing something?
more...
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ujjvalkoul
05-24 01:59 PM
Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!
Kicked out or not....I know some of us will continue to work on H1B as long as possible...
What i want to find out are some willing to leave as soon as this bill passes...QUIT JOB and LEAVE?
So that we can get those numbers and these people realize that they are indeed losing something.
Kicked out or not....I know some of us will continue to work on H1B as long as possible...
What i want to find out are some willing to leave as soon as this bill passes...QUIT JOB and LEAVE?
So that we can get those numbers and these people realize that they are indeed losing something.
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GCwaitforever
06-07 12:09 PM
There are some things that the seeker calls rights and the person who grants them calls them privileges. If you want to be forceful, you have to call it a right, not a privileges.
100% agreed. Illegal immigrants do not have any rights/privileges. But they are bold, turn up in thousands on the street and protest for their (non-existing) rights. We can take a cue from the illgeal immigrants. All it comes down to is unity and putting forth a collective voice so that grievances of legal immigrants could be heard by the polticians.
100% agreed. Illegal immigrants do not have any rights/privileges. But they are bold, turn up in thousands on the street and protest for their (non-existing) rights. We can take a cue from the illgeal immigrants. All it comes down to is unity and putting forth a collective voice so that grievances of legal immigrants could be heard by the polticians.
more...
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yabadaba
09-17 01:24 PM
25 min is up....
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mihird
07-10 09:50 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
I think, we should start another flower campaign for Condi....she too deserves to be bombarded with flowers....I was appalled listening to her views/opinions TV on the July visa bulletin fiasco....
more...
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gcformeornot
12-12 09:33 PM
I guess you are talking about premium membership like wsj etc. I am not sure a free exchange of ideas can occur if we put our membership for sale by restricting access to some parts of the website. IV will lose some of its sheen and I am not sure the tradeoff in membership $ is worth it- dunno just doesn't feel right in the gut
that IV will loose members if we force a fee. I beg to ask what other choices you have? Enlighten me. please..........
that IV will loose members if we force a fee. I beg to ask what other choices you have? Enlighten me. please..........
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pa_arora
01-31 02:02 PM
i had 25 of my friends voted for it and now its on number 3 and 11 respectively.
WOOOO HOOOO.
WOOOO HOOOO.
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cooldesi
04-02 06:28 PM
there are two factors here:
1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.
2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.
it's all about greed on both sides.
1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.
2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.
it's all about greed on both sides.
eastindia
01-11 12:26 PM
What about hunger strike?
It is much bigger than rally. You will get more attention and you do not need thousand people to do it. If we can have even a handful of people or even one person to do it, it will be great. The expenses and preparation to do hunger strike will be very less.
I doubt anyone will want to go hungry for a greencard. People say a lot of things but they do not do it. All these people talking for a rally will not even show up for a rally when it is held. They are too scared to come out and show their faces to the media.
It is much bigger than rally. You will get more attention and you do not need thousand people to do it. If we can have even a handful of people or even one person to do it, it will be great. The expenses and preparation to do hunger strike will be very less.
I doubt anyone will want to go hungry for a greencard. People say a lot of things but they do not do it. All these people talking for a rally will not even show up for a rally when it is held. They are too scared to come out and show their faces to the media.
addsf345
11-10 10:15 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
as per my understanding, as the H1B extension is based on pending 485, your H1 also becomes invalid with immediate effect. This is shocking, I was somehow believing that using H1 is safe, but it is not after initial 6 years are over. On the contrarary, there are reports that EAD stays valid atleast till the appeal period when 485 is denied, and while the MTR is filed. This is reported on some other threads. Can someone confirm this?