amitjoey
10-14 11:44 AM
I guess EB3 will finally cross 2001 barrier in the next bulletin.
For Eb2, it will be like the new EB3. Just too many cases were filed in EB2 after 2005.
Good luck to everyone.:)
What is the use? EB3 had crossed into 2003 last year. Then they moved it back to 2001. Which means that they have a lot of applications pending from 2001, 2002.
For Eb2, it will be like the new EB3. Just too many cases were filed in EB2 after 2005.
Good luck to everyone.:)
What is the use? EB3 had crossed into 2003 last year. Then they moved it back to 2001. Which means that they have a lot of applications pending from 2001, 2002.
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mayitbesoon
07-07 06:07 PM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
desi3933
03-19 05:49 PM
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
Read for yourself and get en-lighted.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
[From the pdf link]
...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.
I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear
Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.
________________
Not a legal advice.
2011 Prince William and Kate
pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
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santb1975
03-31 09:20 PM
done
sidbee
06-04 06:47 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
more...
ItIsNotFunny
11-12 02:35 PM
This was published in March 2006 on Murthy. May be some (monkey) from USCIS read it recently ;).
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
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nraj_raj@yahoo.com
04-04 10:43 AM
Thank you core team and other volunteers for all that you have done in support of our collective cause.
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pappu
11-13 01:02 PM
Please bump this thread today so that it is always at the top
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gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
more...
desi3933
03-18 03:26 PM
.....
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
....
Are H1 is Really in a speciality Occupation?
When we apply 1st time they are asking all the documents which is fine.
When we apply Extension they are asking all the details with Paystubs,client letter.
When we apply Transfer they are asking all the details with Paystubs.
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
....
Unless theyUSCIS) make a rule like H1 can work for any employer we suffer a lot and feel like slaves which is bad.....
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
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texcan
08-23 02:19 AM
TSC applied july 2nd..still waiting..no update not even checks cashed.
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makemygc
06-15 12:09 PM
HI,
Can any one tell me is it necessary to Get medical done by Dr. only around ur location.
Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
He is also more reasonable asking around 190/-
Thanks
He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.
Can any one tell me is it necessary to Get medical done by Dr. only around ur location.
Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
He is also more reasonable asking around 190/-
Thanks
He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.
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lacrossegc
01-07 08:24 PM
After Enron collapsed the auditing firm also went down for shredding the docs ... I bet PWC's shredding machines are working overtime right now.
I would bet that Satyam would be barred/ delisted shortly from nasdaq. SEC will surely take some action.
In a publicly traded company, it is almost impossible for one individual to siphon money.
I guess what might have happened here is, Satyam might have faced falling revenues year-on-year. In a sector, where each competitor is reporting 40% profits, to keep upto the performance of sector, they might have been pressured to falsify their revenues.
Now what i am unable to understand is, how come an esteemed audit org like PWC could cover up or fail to findout discrepancies. Either the auditors were stupid and overlooked, or Mr Ramalinga Raju covered up the tracks very well.
In the end it all hurts the stock holders and the employees. This one is going to go down big time in our history, and i bet its going to change the landscape of our IT services sector.
I would bet that Satyam would be barred/ delisted shortly from nasdaq. SEC will surely take some action.
In a publicly traded company, it is almost impossible for one individual to siphon money.
I guess what might have happened here is, Satyam might have faced falling revenues year-on-year. In a sector, where each competitor is reporting 40% profits, to keep upto the performance of sector, they might have been pressured to falsify their revenues.
Now what i am unable to understand is, how come an esteemed audit org like PWC could cover up or fail to findout discrepancies. Either the auditors were stupid and overlooked, or Mr Ramalinga Raju covered up the tracks very well.
In the end it all hurts the stock holders and the employees. This one is going to go down big time in our history, and i bet its going to change the landscape of our IT services sector.
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krishnam70
08-14 11:23 PM
krishnam70:
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
I just saw your signature and it seems like you just received your GC. Congrats!!!
I am sure you feel relieved.
It sure feels good , however i am still waiting for our son's receipt for appl filed on july 2nd :confused: so life is in limbo until it comes.
cheers
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gc_check
02-27 12:15 PM
I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
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bomber
08-17 10:04 AM
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
JanakP,
It's not a tracker and I'm not tracking or looking for my receipt notices to come from USCIS or my checks to be cashed or anything like that.
My notices have already arrived and my lawyer and employer are refusing to give them to me. I have foreign travel planned in October and I might be looking to change employer soon. My question was whether I can invoke AC21 without having the physical receipt notices.
Would be helpful if someone knows for sure.
Again, please go back and see this is not a tracker thread.
thanks for your valuable input.
JanakP,
It's not a tracker and I'm not tracking or looking for my receipt notices to come from USCIS or my checks to be cashed or anything like that.
My notices have already arrived and my lawyer and employer are refusing to give them to me. I have foreign travel planned in October and I might be looking to change employer soon. My question was whether I can invoke AC21 without having the physical receipt notices.
Would be helpful if someone knows for sure.
Again, please go back and see this is not a tracker thread.
thanks for your valuable input.
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nojoke
10-14 07:44 PM
I agree with sri1309. This would stop the bleeding of the economic crisis. Folks just wont stop by buying house alone, they all will be motivated to spend more money. guys, our folks most of them are well positioned with good paying jobs and pay and the only reason for not spending and not buy houses are because of the insecurity of the stay due to the h1b extension.
We all to some extent know that this whole mess is due to the deregulation of the financial institiution and because of which high supply of houses ( SUPPLY and DEMAND. Now with the bailout government owns all these houses). By passing some legislation can control the deregulation but how do you sell the government owned houses quickly to the people? who will buy? Immigration is the best option. Here is my recommendation, regulate and tightenend the loans for the house constructing companies to control the supply side from the constructing compnay and issue green cards to all the legal immigrants to increase the demand side of the equation. Additionally bringing the ?? milliion illegal immigrants to legal will increase the tax revenue of the government. My 2cents says that whoever the next president, the comprehensive immigration reforms would be the best solutions for solving the current economic mess.
There are a lot of US citizens wanting to buy house. The problem is they are not able to afford and sitting on the sidelines. The house values will drop to affordable levels for regular folks to buy. Nothing will stop it. Even if all immigrants buy today, you can only postpone the crash. The basic problem is affordability. You can reduce the supply, but who will be able to pay inflated house prices?
We all to some extent know that this whole mess is due to the deregulation of the financial institiution and because of which high supply of houses ( SUPPLY and DEMAND. Now with the bailout government owns all these houses). By passing some legislation can control the deregulation but how do you sell the government owned houses quickly to the people? who will buy? Immigration is the best option. Here is my recommendation, regulate and tightenend the loans for the house constructing companies to control the supply side from the constructing compnay and issue green cards to all the legal immigrants to increase the demand side of the equation. Additionally bringing the ?? milliion illegal immigrants to legal will increase the tax revenue of the government. My 2cents says that whoever the next president, the comprehensive immigration reforms would be the best solutions for solving the current economic mess.
There are a lot of US citizens wanting to buy house. The problem is they are not able to afford and sitting on the sidelines. The house values will drop to affordable levels for regular folks to buy. Nothing will stop it. Even if all immigrants buy today, you can only postpone the crash. The basic problem is affordability. You can reduce the supply, but who will be able to pay inflated house prices?
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WaldenPond
04-09 10:43 AM
Hello gc_2010,
Thanks for the excellent suggestion. Would request you to please let us know of any group or orgs that you think will be ready to endorse us?
We do not have exclusion policy for any type of orgs. If you have any suggestions or could provide any leads to any orgs or community, please help us reach such orgs and help this effort.
Thanks,
-WP
Thanks for the excellent suggestion. Would request you to please let us know of any group or orgs that you think will be ready to endorse us?
We do not have exclusion policy for any type of orgs. If you have any suggestions or could provide any leads to any orgs or community, please help us reach such orgs and help this effort.
Thanks,
-WP
anilsal
11-30 01:27 PM
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
akred
09-20 02:31 PM
One simple and effective way to increase membership is to get your spouse informed and registered.
I know my wife has just as large a network as I do, so that is one more avenue to get the word out.
I know my wife has just as large a network as I do, so that is one more avenue to get the word out.