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  • xyz2005
    07-18 11:25 AM
    OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.

    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.





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  • amitjoey
    01-18 10:59 AM
    I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.

    MP70

    Thanks MP70. Please continue to educate your friends and urge everybody to contribute atleast $20/month.





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  • sri1309
    01-25 09:18 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...


    The issue is like a BIG bus where we all are together travelling to the same destination. And the bus is stuck in a pit. You and I can push, .. will it help?. What else do you do. You make others also come and push. So, how many people were you able to convince to do what you did.. Dont just convince them, make them also spread the message.
    If you want content to be passed, there are many threads here. One is mine, which is "chain reaction..). Its now buried somewhere :(.

    I know some people do realize things only when they loose their jobs or when its too late. If realization happens only that way, I wish all of you those not participating actively loose their jobs and hence comes realization that will help you and us all. Hope that happens very fast..
    "Agar booth lathon se hi soon sakthe hai, tho lathon hi sahi..".. How my quote on 10..





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  • feedfront
    09-21 12:23 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.



    Thanks.

    Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.

    You can hold your H1 transfer for a week or two till you don't respond.

    I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.

    I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.

    I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.

    Good Luck!



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  • sam_hoosier
    12-05 04:52 PM
    There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years

    Where can I find that documentation ?





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  • rajuram
    11-14 09:33 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    all I can say is that now most economists say that housing is key to rescuing the economy and faster immigration is key to faster recovery. this is the key point in the present scenario ..people will give scant respect if we try to use other issues -namely by saying that legal immigrants are suffering or US is losing high talent ..they will just say the whole US is suffering - why should we care about yr problems.
    but if we push faster immigration of people who are already here legally as a small way to solve the housing crisis then it will definitely stand a chance -
    (please note - no distinction between those who are renting and who have a house already - this makes most sense. this is helpful to those who have purchased a house - since getting gC faster means that they have additional peace of mind)



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  • eilsoe
    03-04 02:16 PM
    uuh... crap...

    *goes to work on entry*





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  • nervous-wreck
    03-15 05:08 PM
    C'mon guys, what the hell have you been doing for so long?

    I mean look at the archived Visa Bulletins, you observe the following:

    1. EB2 was current for India ALL THROUGH 2003
    2. EB2 was current for India ALL THROUGH 2004
    3. EB2 was current for India till August 2005
    4. After the retrogression in 2005, EB2 India moved up quickly through 2003-2004 to April 2004 by the beginning of 2007

    5. Even after the summer 2007 fiasco (EB2 Current fro July, August 2007), the priority date for EB2 India moved to April 2004 and stayed there for 3 months

    What more do you wish for?
    I don't understand how there any can be anyone from 2004-2005 India still left in the EB2 category.

    This is pathetic. What the hell have you been waiting for?



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  • srkamath
    07-03 10:18 PM
    Country-wise caps are clearly not a sensible way to retain the best talent in the world in the US. The purpose of the EB visa program is to get the best contributors to the US economy mostly when and where Americans are not available. The EB immigration system is not a socialist entitlement program for prospective immigrants from China, India or the ROW. The program must be fair to the US, fairness (or lack thereof) to all qualified prospective immigrants is a consequence not the intent of the law.

    The sad truth is that, no matter how sensible that argument is - a large section of people will not understand that or will choose to distort it out of fears such as losing their perceived entitlement - simply put many will simply refuse to buy it. Therefore, if we wish to pursue this issue we need a middle ground proposal.

    Here's an amendment that strikes middle ground ......

    For a given year, to estimate the demand, first calculate from the last three years data, the average number (percentage) of visas charged to each country under EB1, 2 & 3. For any country that was charged more than an average of 7% of the visas in the last three years, limit the visa allocation in the first quarter to 7%. In the second and third quarters, limit the allocation to the actual average percentage for the last three years. In the last quarter, remove all such country-wise limits to ensure maximum usage.

    I'm no legislative expert, but after reading the text of the law at http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558 dbe (chapter 1 - Selection System) , it is my understanding that the law already permits something very close what i have proposed. It is up to the executive branch to change their policy here - this seems like a classic case for an Executive Order.
    Any thoughts / comments?





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  • pv2715
    07-13 10:24 AM
    It is not a contradiction to the previous statement.

    Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
    Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
    Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
    etc...

    Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.

    Yagw,

    I understand this is a mute point of debate for most of us and I am trying to clarify a statement made in the PDF document for the benefit of people whose PDs fall under these days. Under the operational guidelines issued, it appears that any PD that falls under days 1-7 of calendar month falls under the cutoff day 1 and so on.



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  • onemorecame
    09-20 01:03 PM
    Anyone received his rfe??





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  • chanduv23
    03-07 06:23 AM
    From what I understand, Rajiv and Sheela are highly experienced and know AC21 in detail. They have seen successful AC21 cases and thats the reason they are pretty confident.

    It is always safe to keep all paperwork intact and updating USCIS during job change but there is also possibility that it increases burden if you keep changing multiple jobs.

    A good way of invoking AC21 is
    (1) Have the Attorney prepare the letter template - Attorney will make sure the letter is right.
    (2) have it signed from your employer - this should not be a problem - I have noticed that employers have issues with h1b visa because they require extensive paperwork and money, but signing a letter must not be an issue.

    A lot of employers are not aware of AC21/EAD and may get worried. But there is absolutely no issue. All you do is to educate them. So many people have started using EAD and changing jobs and slowly eployers will understand this concept.



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  • pbojja
    12-10 11:45 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .





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  • gsc999
    04-20 05:23 PM
    I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me



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  • pappu
    01-16 10:17 AM
    All pls update your profile information wth your full details so that IV may contact you whenever needed. We had several hundred bounced emails today when we sent out our first round of newsletter for this drive.





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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.



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  • harish
    04-24 10:07 AM
    Congrats Googler!

    I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

    EB2, NSC PD 10/02
    I-485 RD - 02/2007
    Approval Notice - April 23'08

    Congratulations and enjoy the green!





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  • sanju
    09-26 09:39 AM
    Whatever is the report on CNN, why do you have to draw an analogy between US and Indian? I mean, you think that there are only two nations in the world - US and India? Or do you think that all people on IV forums are from India? Sorry, it is not my objective to offend anybody but I find these analogies very funny. Also, I think such immature posts hurt our cause. You bring the forum�s attention to a good point, however, the post screwed-up in driving away non-Indian members on the forum. Also, if you hold a negative opinion about the place of your birth, how would you be able to develop a respect towards the country you want to as your future home?

    Please be considerate towards the feelings of all nationalities on the forum. Just a suggestion....

    Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
    I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606





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  • quizzer
    04-08 04:19 PM
    I look at this bill in a different perspective:

    1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.

    2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.

    Thanks





    gcdreamer05
    01-09 12:38 PM
    Thats a new trend. They go to colleges and meet a group of Indian students who are about to graduate and take them out of drinks and dinner and give a presentation about their company. Then when these students come into OPT status, they are all given food + guest house accomodation. Then they are put under intense training for 2 to 3 months and made to do some mockup projects. Then their resumes are massaged with 4 to 5 years of experience ie experience from date they graduated in the under graduation and their MS education is stripped off on their resumes.

    This seems to be a trend, though the practice seems not too good. As most immigrant students are hard working and determined, they put additional hours and make up for experience and perform well at clients. They get a decent 65K to start with from the consulting company and their h1bs are filed well before the cap ends.

    Can you please share with me PM some of these companies as I am lookin for a h1b sponsorer for someone i know who has done masters here.... and is fresher... not that he wants to put fake.... he is ready to get a entry level salary and state that he graduated out of school and is a fresher..... just that he wants someone to do his h1b...





    nirenjoshi
    03-09 12:53 PM
    EB3 ROW has been retrogressed as predicted in Oh's website.
    All non-India EB3 are at March 03 now....
    Will they keep them at March 03 for few months and give a bump to EB3?

    Something is cooking...Otherwise they wouldn't retrogress ROW by almost 2 years...

    From the bulletin -

    E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL

    Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or �unavailability� at any time cannot be ruled out.

    It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.



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