maximus777
07-13 02:04 PM
Thanks for sharing your story. It was indeed one heck of a journey. One question though - in retrospect taking into account the pluses and minuses, do you think it was worth it?
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raj3078
08-22 10:21 AM
It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?
django.stone
11-06 03:43 PM
If there is a fire in the house regardless of how you arrange furniture at least some of it will get burnt.
So stop giving advice like these and focus on extinguishing the fire.
I was not giving advice. I was clearly requesting "Please guys, let's not fight" and trying to divert the conversation to a logical discussion about horizontal spillover helping I & C. My conversation with him did end in a civil manner.
In the mean time a random passer by like yourselves comes along and stirs the pot again, when the fire was just about to be extinguished. If you don't like my argument, debate it, we all love good debates here and most often we learn from each other. Don't just attack. My only and last post on this topic.
So stop giving advice like these and focus on extinguishing the fire.
I was not giving advice. I was clearly requesting "Please guys, let's not fight" and trying to divert the conversation to a logical discussion about horizontal spillover helping I & C. My conversation with him did end in a civil manner.
In the mean time a random passer by like yourselves comes along and stirs the pot again, when the fire was just about to be extinguished. If you don't like my argument, debate it, we all love good debates here and most often we learn from each other. Don't just attack. My only and last post on this topic.
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h1b_slave
09-14 05:24 PM
Without GC, they were working for the same client with even more pay and life was good if not better.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
more...
hsingh82
06-10 04:46 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
Good one!
Good one!
Canadian_Dream
08-20 04:21 PM
When did this happen ? Employers can't do any substitution after July 16 nor can they barter or get paid for it anyway.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
Try the following:
1. Do you have the lawyer's retainer agreement (G28 signed) ? Other evidence such as e-mail etc which proves the intent of filling I-485 from Lawyer/Employer ?
2. Have paid it to the lawyer/employer for this particular service ? If yes do you have any written contract.
3. Keep back-ups of all documents in this regard.
This can either be construed as consumer fraud as you didn't get the services related to payment or breach of contract after full payment. I know it is hard but if you file a lawsuit you will get the monetary settlement and other damages. This may not stand much in terms of violation of labor laws (DOL Perspective) or Immigration laws (USCIS) perspective. This is case of clear fraud and deceit.
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
more...
GCwaitforever
11-16 03:03 PM
This is the section in EEOC web site.
Coverage of foreign nationals
Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.
As per legal definition, H-1B holders have work authorization. I am not sure of the extent of rights of H-1B holders, but people holding unrestricted EAD can definitely sue.
Coverage of foreign nationals
Title VII and the other antidiscrimination laws prohibit discrimination against individuals employed in the United States, regardless of citizenship. However, relief may be limited if an individual does not have work authorization.
As per legal definition, H-1B holders have work authorization. I am not sure of the extent of rights of H-1B holders, but people holding unrestricted EAD can definitely sue.
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rvr_jcop
02-13 12:58 PM
I filed my 485 in June 2007 in Nebraska and yesterday my LUD changed but there was no message. This is the first change in my LUD since my finger printing in July 2007. I am EB3-I with PD of Dec 2002. Not sure what got updated. Any ideas???
I've got LUD on mine and my wife's 485 on 02/10/2009. So far I got nothing, RFE or finger prints. My previous LUD on 11/26/2007.
Also, I applied for AP and I had LUD on 02/09. So I wasnt sure if they just checking for 485 before approving my AP>
I've got LUD on mine and my wife's 485 on 02/10/2009. So far I got nothing, RFE or finger prints. My previous LUD on 11/26/2007.
Also, I applied for AP and I had LUD on 02/09. So I wasnt sure if they just checking for 485 before approving my AP>
more...
mhathi
05-17 10:01 AM
I am wondering everybody here is throwing stones at small consulting companies, I wonder how these people came to US surely somebody did there H1? right? People are working in big companies HP/Oracle/SAP bla bla.. but I'm sure they are not the ones who brought you guys here. Also the day they'll get their green cards each of these people are going to open similar companies and do the same thing. This is amazing how people forget their past and forget the people who brought them here...I will call you guys thankless....
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
Sorry to disillusion you, but there ARE people who are US educated and never even spoke to a consulting firm before. Not everyone is an IT consultant, again don't paint everyone with th same brush. People do get H1 in a full time position other than consulting.
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raj_k
07-08 03:02 PM
07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
more...
Radhika
07-02 04:00 PM
Medical $350
copies $50
photos $36
Attorney Fee $1000
Parents paid for BC and Affidsvits $60
postal charges $45
Cancled home country visit
copies $50
photos $36
Attorney Fee $1000
Parents paid for BC and Affidsvits $60
postal charges $45
Cancled home country visit
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santb1975
06-17 01:21 PM
^^
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
more...
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RNGC
04-24 11:27 AM
Hello all,
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
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abhijitp
07-06 02:18 PM
We need someone to youtube this and help with the media campaign!
And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.
And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.
more...
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buehler
08-22 10:18 AM
Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.
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ramee
07-05 03:53 AM
Finally approved for all family members except my wife (Dependent).
We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.
Anybody experienced this type of RFE before?
We submitted normal Birth certificate from Municipal Corporation. But got RFE on Birth Document. Any body aware of secondary evidence for birth document. They are asking for oldest health, school, Census or religious record that shows both parent names and DOB.
Anybody experienced this type of RFE before?
more...
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xbohdpukc
12-03 02:42 PM
I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.
According to the Workplace Fairness website the following stands true:
An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.
But we can always keep complaining on here how badly treated and unprotected we are.
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arnet
06-18 02:48 PM
i support this initiative too.
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senocular
02-05 04:43 PM
ooooo, aaaah, oooooh .... wtf. They're all GREAT and I save EGs for last because it was the highest rated (yeah LOTS on that one too) and its not there! pfffft. lol
:searches franticly:
:searches franticly:
waiting_4_gc
08-28 06:54 PM
where are you planning to stay?
I'm reaching there on Tuesday morning and flying back in the
evening (same day).
I'm reaching there on Tuesday morning and flying back in the
evening (same day).
pooja_34
12-22 03:08 PM
Again, incorrect english - Why dont you go learn english and then post here - Till then use your local language forums only !
I am not in the bed with you to take your direction
I am not in the bed with you to take your direction
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