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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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  • Dhundhun
    07-12 08:06 PM
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash


    I think so.

    Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.

    It is hard to comprehend.





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  • msyedy
    06-13 01:23 PM
    Senthil1, Pineapple

    Please let us not sound harsh and have a bipartisan :D discussion. It is just my statement I do not disagree with neither of you.

    Rule 2
    You mean Microsoft and Google and other companies want to stop outsourcing. They would not have build a huge team in india if they wanted to do this. The point that you are missing is that they need H1-Bs here because no american born is availabe here to fill those positions.

    Read my statement thoroughly.
    Big consulting companies(Bearing point....my list will go on) that are plenty in the US who hire and fire H1-B and american born if they cannot find another client for them after few days.

    What will happen to these companies .. they have to shut down

    Rule 2 will be a disaster for all these companies.
    These companies do not go to india to get H1-B's they get them when they come here brought by india Desi companies.

    It will be a mess. You might be talking about one company that will never displace and american and will garauntee an employee that he will never be fired once hired : Give me a break.

    What exactly is your point Senthil?
    If by reiterating (over and over) the "evilness" of "desi" companies insofar as impacting American workers is concerned and justifying absurdly and obviously restrictionist bills on the fond hope that it would have minimal impact on the "good" American companies who hire H1s in the exception, you wish to make it clear that you are an employee of the latter set of companies, you have certainly made your point, and do not need 364 posts to hammer it it.
    Ladies and gentlemen, Senthil is a genuine, bona fide high skilled person working for an honest American company which has high ethical standards, and is not, repeat, NOT displacing any son of the soil American.
    There - you can relax now.





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  • amsgc
    05-28 07:42 PM
    Here is what I would do:
    - Fast track the H-1B application using premium processing so that you know for sure whether you have it or not.
    - If they approve your petition, it will have a start date of Oct 1. Since your L1 is expiring in Sept, they will not approve the change of status. So, you will get the approval notice without the attached I-94.
    - Once you have the approval notice in hand, set up an appointment for your H-1B visa in your home country. Leave the country before your L1 I-94 expires.
    - Get the H-1B visa and come back in Oct to work for your new employer.

    If you decide to do the L1 extension now, then you get into issues of which petition was approved last by the USCIS - last action rule. Keep it straightforward with minimal complications so that your future applications, such as GC, are also less complicated.

    Also, a word to the wise - make sure you are not unpaid/on bench, no nonsensical bonds etc. when you come in on H-1. These things create unnecessary complications in the future.

    Sorry, I think I posted in wrong place.

    I'm on L1B for Company A.
    My visa, Petition, I-94 are expiring this September.
    I was about to begin L1-B Extension.

    Now I got news from company B that my H1B petition has been selected in Lottery..
    (this is for COS from my L1B to H1B).

    Can I go ahead with L1B extension work ?
    I do not want to do this, if it will affect the H1 Petition approval.

    Please help. Thanks.



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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....





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  • GCVivek
    03-21 02:50 PM
    Consultants end up being cheaper for companies. Much cheaper! No labor tax, no payroll tax, no health insurance (over $500), no any insurance, no contributions to 401K and many more expenses. Plus $12K and then what? You will leave the firm in 6 months. Plus you cannot say that ONLY they got their worth from your services. They paid you what you are worth too! Right?

    Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
    getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
    you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
    one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.



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  • sasi1234
    04-10 09:13 AM
    As they have Master's degrees, they go to Mexico or Canada for stamping. Thier h1b petitions are filed based on their BS/MS degrees and project works etc. and if any gaps in education, they are filled by experience. As the come under the Master's Cap, the cap lasts longer. The massaging of resumes occurs when employer sends resumes to clients and these resumes are different from what they file for h1b.

    When I was trying to reqruit a junior programmer position in my company, I found it very difficult to find the right person. All these people seemed like they had fake experience, tons and tons of resumes from Desi consulting companies , these people are well trained in answering interviews and can also confuse you during the interview.

    With this growing trend, the market seems to be going a bit slow for corp to corp h1b consultants and a lot of people seem to be in this category and hiring managers are having a tough time to ascertsain the validity of the candidates.

    It is disheartening that this kind of activity has become extremely normal and that people are already noticing it and it does not help solve our purpose and affects those genuine job seekers and genuine hiring managers.

    There is more to this. There are consulting companies like visu consultants in India that have ties with all the low grade US universities trying to fill up their grad positions with those aspiring foreign students who can pay fee upto $6000 per semester and you see hoards of people with below average or no GRE scores (GRE will be waived for some universities) filling these positions and do odd jobs inbetween college hours to pay for their next semester and these are the people who actually take loans in their country to pay the high fee, these are the same people who join consulting companies and are hungry to get into jobs by hook or crook (resume massaging) so they they can pay off their debts.

    So what is happening is a rippling effect. These days a lot of good H1bs or F1s are not coming here in big numbers because of lack of funding in research or good promising jobs in home countries. People coming through education consulting and moving to jobs through consulting companies has been on rise because of this trend

    First of all, I registered, just to reply you.

    Yes, I am an MS student planning to graduate this dec and looking for a job and Yes, I am one of those who is studying in a low profile univ paying $6000 a sem(they dont let me in a state univ. as I have a 3 yr degree even though I have a decent GRE score) and the result - sweeping and mopping the floors for $7 and hr at a Patel Store who cribs to his death.

    I thought, what the hell, I dont have to do this and I quit the $7 job(I hate to call it as part-time job) and now I have $22k to repay.

    Yes, you bet, I am going to fake my resume and get into a job as thats the only option I have. But I know my stuff. I have seen and spoke to people with 6 yrs of *Genuine* experience and I know where I stand.

    Yeah, my first employer is going to have a hard time, but its a matter of couple of months and I'll be on track and I am probably be better than *SOME* of those who have real experience.(I am not saying this out of nothing, I worked in ITES for 4 yrs before I landed in the US and A).

    Bottom line is - Its all struggle for existence. We all(atleast 98%) came here to make money and there are different ways and some ways might hurt somebody- Just cant help. Its all in the game.

    PS: I am going to catch the next flight after I make $22k+flight and charges.
    Then why I came here- Just to get a master's and experience a new(so called) winning society.

    PEACE





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  • guyfromsg
    07-16 09:52 PM
    We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

    Here is the first one:


    I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

    Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Example 8.

    Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

    What kind of federal income tax returns will he file for 1999 and 2000?



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  • texcan
    01-22 06:48 PM
    Great discussion here, its great to see prospective from many folks.
    Wonderful insights.


    Saggi13
    Man great venting.

    Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
    Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.

    Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.


    I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.

    For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
    I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
    i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.

    i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
    This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.

    My belief is, one got to make peace with one self, past is past ..and stop comparisons
    We all make mistakes, i make more mistakes than my fair share of "1" a day...

    Remember "we are spritual beings having human experiences". T

    Here is another good line i try to remember always, think about what do you want...lets say GC.

    Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
    If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.


    This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??





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  • pappu
    12-25 06:50 PM
    If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.



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  • Roger Binny
    10-11 08:13 PM
    There are so many illegal immigrats working as lawn tenders, cleaners at stores....why doens't USCIS go after them? They are easy to spot and can be found anywhere...why harrass students?

    USCIS perceives students are smart and sets standards by following rules than uneducated brothers.

    It's not harassing it has altogether different meaning, i too doesn't know when they first asked me, but one needs to keep cool and explain the reality it would work.

    I agree with other OP saying checking bio-metric is best than carrying these important documents around, all we know it need big budget.





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  • desi3933
    07-09 04:20 PM
    legally speakn, there is a commonly term used "bad faith".. this is where DOS/USCIS falls in right now. Read the document, the y did not break any law, what they did was in "Bad Faith" ,. Cant make it clearer than this...

    You have the prove 2 things
    This "bad faith" was illegal and it caused harm & damages.

    Winning a case in court and being emotionally charged are two different things.

    __________________
    Not a legal advice.



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  • Sammo
    02-21 05:04 PM
    every package except LW has a free trial.

    Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...





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  • desi3933
    01-31 07:55 AM
    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.

    Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.

    She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • refiling 485
    07-18 11:06 AM
    My application reached on July 2nd at 10:00 AM and haven't heard anything from them. Mine is a June case.





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  • rajivkane
    07-20 10:42 PM
    Hi!

    My EB2 PD is Octo'2005 & receipt date of I-485 is Aug'17 2007 (receipt date on the receipt received from USCIS)to NSC(although online it shows first Aug'2007 & now October'2007). NSC online update shows Aug 10'2007. What are the chances that my application will be processed in Aug'2008? I received a soft LUD on 07/03/2008 on my I-485/ead/travel document but nothing after that.


    Regards,

    Raj



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  • speddi
    07-13 09:25 AM
    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you





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  • jonty_11
    07-11 01:15 PM
    again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)





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  • BlueSunD
    03-04 01:39 PM
    Ladies & gentlemen, we are now 6 days away from the due date!

    Hope to see the completed versions of the wips we�ve seen so far, and maybe, of some we haven�t! ;)

    Goodluck to everybody!





    gsc999
    07-24 05:05 PM
    Guies,
    Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

    That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

    But any way it is a waste of time.
    ---

    It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.





    virald
    07-18 12:54 AM
    Plus the July 2nd bulletin has been reversed (meaning totally void). So the July 2nd filers should be ok. Infact there is a grim possibility that you may be assigned the remaining yearly visa numbers (as per Greg Siskind's blog entry).

    Instead of really worrying, why don't you become a paid member of IV on a monthly recurring basis? This way you are supporting the IV cause (which is your/our cause).

    Guys,
    I don't like to worry but here is Greg Siskind's comment --(don't know what to make of it)

    Just to clarify, some cases received on July 2nd were rejected according to the USCIS' own announcement. I am not sure if people have started to get those applications back or not yet. Perhaps people on the blog can weigh in. The dilemma is what to do if you don't know whether the case is in or not. No clear answer yet. AILA may get some info on this when it presumably meets with USCIS on this very soon.

    Posted by: Greg Siskind | July 17, 2007 at 09:17 PM (http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html#comment-76226938)