Monday, July 4, 2011

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  • ajaykk
    08-26 10:38 PM
    No, we have not tried calling yet. Both are on H1, so just have EAD for just peace of mind. Do let us know what you hear from the customer service.

    Thanks,
    Sina

    Even my spouse got card production ordered email. Good Luck to you.




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  • magicmonkey
    08-22 02:22 PM
    EB3/PD: NOV 2004
    Send I485 11th Jul
    I40 approved June2007
    RD:
    ND :




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  • shantak
    05-25 07:25 PM
    Sent the email to 10+ 2 senators as mentioned
    Thanks




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  • desi3933
    07-10 06:54 AM
    @desi3933:
    This comment was then obviously was not directed to you but to others who advise to "file AC21."


    Thanks, Sankap, for the clarification. Because, in this post you have addressed that post to me and asked me this as #7. Here is that post again -


    @desi3933:

    1. ....

    7. Since you're *not* required to inform USCIS on your job changes, why "file AC21" (and stir things), or advise people to do so?




    Please show me any of my post where I have advised people to file for AC-21.


    .
    .



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  • arihant
    05-04 03:43 PM
    I don't think having a MS degree supercedes a BS always.
    How can you compare say for example a BS+10 yrs person with a kid just out of school doing MS. Doesn't jive. I think at somepoint both level off. Just merely having a MS degree doesn't mean anything without experience.

    IT is not just one such field. You would find other's too. Financial aspect that you are talking is a whole different topic

    You are right in your observation. But, the SKIL Bill seems to place emphasis on people with advanced degrees. So, whether you and I agree about the Bachelors + work experience part or not, the fact of the matter is that the Bill exempts people with advanced degrees from cap limits.




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  • TheOmbudsman
    10-25 07:25 PM
    That observation on the SKULL bill and masters degrees was raised by few concious and noble members of this forum before.

    Do you realize that in certain schools I know very well here, they don't even require you to take TOEFL or GRE/GMAT for grad school. Believe me, there are thousands of people in the world with $20K who would line up for such "graduate" schools and move here permanently. I am saying, any lobbying effort should be directed to tone down such bills, they are simply not very realistic at this point.

    If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.

    So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years



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  • chanduv23
    07-10 03:41 PM
    Folks, here is what I am able to gather by self employment

    (1) One can be self employed
    (2) 1099 or w2 - kinda tricky - most people I talked to do w2 and any profits they get after they take their salary are bonuses
    (3) The job has to be legitimate - in the same or similar category - you must be doing duties that are similar in nature to your 140 petition
    (4) What is meant by legitimate is - you must simply not be doing "nothing" - there must be income and you must be doing your duties.

    Correct me if I am wrong




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  • Ramba
    07-09 02:57 PM
    Setting up company is just the first step for Self-Employment. The key things is to demonstrate that new job is in same/similar classification and company has offered "bonafide" job, not just job on paper.

    BTW, it is not necessary to have LLC. The corporate structure could be S-Corp or C-Corp also.


    __________________
    Not a legal advice.

    In this enforcement climate, self-employment is risky too. The memo is not a binding rule. Having said that, even if any one chose to self employment, they must have very proper documents including long-term contract agreement with few clients, that explanis the service you provide shold be in-line with orginal I-140 job duties. In current H1B denial rate becuse of client letters RFE, the self employed AC21 cases shold be more prepared, in case of RFE.



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  • man-woman-and-gc
    09-17 12:35 AM
    Good Job Folks...keep the pledges coming.

    And guys..lets not fight or critisize each other...initiatives like this are voluntary..if u are convinced, welcome aboard, if not, you are more than welcome to watch it from a distance.

    Everyone here is mature enough to know what is right and wrong for them and we should respect it regardless of whether they are in favor of this initiative or not...

    For now..we are moving forward...and that's what counts at the end of the day.




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  • amitjoey
    07-10 04:44 PM
    I have arranged to send the flowers so they reach USCIS on 10 July.
    Incidentally, there was a townhall meeting with Senator Bob Casey in Pittsburgh. Thankfully i got to speak with him and personally put forth our story of endless waits for a greencard. Am not sure if it will genrate any tangible action from his end, but it certainly drew attention of the public present there, his staff and mostly importantly the Senator's mindshare.

    Let's keep this effort on..

    Thanks for your effort.



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  • wizpal
    09-11 04:35 PM
    I have donated in past a few hundred - stopped now. I think major portion of donated money goes to a Lobbying firm and I think it is a mere wash. The fact they couldn't facilitate even a single bill in House or Senate for visa is a testament of their failure. Whatever IV has achieved so far ..like July visa bulletin (Flower compaign, coordination with AILA and congresswoman Joe Lofgren) and admin efforts for 2-year are purely the result of IV core and member active participation. Correct me if I am wrong.

    I would start donating again if IV stops spending on a lobbying firm and starts spending on highlighting our plight with American Media.




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  • gcbikari
    04-21 04:40 PM
    I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

    The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

    Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.



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  • vinabath
    04-23 03:34 PM
    any one who tells to be cautious is a desi employer or a silent partner. Any one wonder to ask the thread starter

    why in the beginning he chose a desi employer and signed a non-compete clause?
    why did not get his H-1 done with PF?

    every one( desi employer and h-1b employee) have weaknesses and strong points.

    H-1B program is the nastiest and problematic for employer and also for the employee. There is a reason lot of american born owned consulting business dont do H-1s. Big over head on the employer. Accounting complexity and hard to follow H-1b and dol rules.

    I am not even talking immigration process and family problems H-1bs go through. Desi employers take the risk of doing h-1s and and 90% of them dont even grow beyond 50 people and there is constant battle of retaining H-1 b employees at the same time making profit.

    I thought of starting a desi consulting firm and realised it is a lot of pain.

    Desi employee

    1. wants 80% and may be 90%
    2. bare h-1 cost
    3. bare gc cost
    4. bare insurance cost
    5. pay salary on time
    6. pay umemp, ss taxes

    in addition to the time employer has to spend time to do all the above tasks.

    end of the day its not even worth running desi consulting business unless we make atleast 15-20% of the revenue.

    end of the day....desi employers have to face the brunt of american born workers and dol that desi employers run poor hiring practices and poor EEO practices and not only that desi employers run down the billing rates.

    it is a vicious cycle. desi employees want to work for low billing rates because of their necessity and in turn run down profits of the employers this in turn make both the employee and employer unhappy.

    how can a guy with 5 years experience in SAP is ready to work for 60$? LOL.

    every knows how the game is played.

    another important point employees want the employer run the payroll while they are on bench so that their H-1B status does not mess up. How can an employer run payroll when the employer makes 5-7% profit? LOL.

    another one..... employee wants 80% but cannot wait until the client he is working for pays for his services to the employer. employee wants that 80% percent on time. LOL

    another one h-1b employees want to cut lines to gc faster. they are ready pay large sums to money to employer to buy earlier PD.

    I was H-1b 3 weeks ago. I stayed with my employer for 6 years and still working. and I also know h-1 b is a really bad visa for an employee too.

    Ideally USA should give work visas based on individual's merit like an OPT/EAD for 6 years instead of H-1.




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  • lrindy
    08-09 10:35 AM
    Our I-140 was approved by TSC RN 08/16/06 approved 08/24/06 under regular processing, but we sent 485 package to NSC due to where we live. Received 07/05/07. I was told to call after 30 days, which I did yesterday. I was told a new memo had gone out 08/08/07 internally to each service center stating that all customers should be adviced that let 90 days pass before calling service centers to get receipt numbers. The backlog for data entry was so great that it will take that long before it is all cleared. If you have not received a RN by 90 days then please call back and your case will be dealt with then. He also adviced that as the 90 days approaches, if no RN has been sent to us then make appointment at field office for EAD etc. I did mention that there was no such memo on their website and processing dates showed 07/11/07 for 485. No answer to this. So we wait and see what happens. I can only tell you what I have been told. He did comment on countries with high volumes of visas, "they will be waiting for 10 years plus for actual GC's under the system we have in place right now." Things change everyday, so keep the faith!



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  • shukla77
    02-18 04:52 PM
    Question remains.. Why ? Why people dont do what is expected when they know that these initiatives are going to help them?

    There was a thread poll for another rally, but how many members came forward? How many IV members made an effort to convince others to vote on that poll so that IV core can plan for a rally?
    .




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  • roseball
    11-17 07:58 PM
    Please contact members of congress by clicking on the action alert below.

    It will only take less than a minute for you. We are requesting adding amendments in the DREAM Act coming up. This campaign will help the DC advocacy work we are doing on this bill.

    ImmigrationVoice.org - Advocacy -- DREAM Act: Help the Legal Immigrants (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=19787501)

    Please spread the word everywhere for more participation

    Please post on this thread once you have sent the email. Keep this thread up for the next few days.

    Done.



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  • fittan
    07-09 02:40 PM
    Yes, that is understood.
    The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?

    I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.

    IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.

    Fittan




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  • rajbgp2002
    05-02 02:31 PM
    http://www.tmcnet.com/usubmit/2006/05/02/1632215.htm


    SIA Urges Support for 'SKIL Bill'; Cornyn Bill Would Help High-Tech Industries Facing Shortage of Scientists and Engineers

    SAN JOSE, Calif. --(Business Wire)-- May 2, 2006 -- The Semiconductor Industry Association (SIA) today expressed strong support for S. 2691, legislation known as the "SKIL Bill" (Securing Knowledge Innovation and Leadership). The bill was introduced by Senator John Cornyn (R, TX) and co-sponsored by Senators George Allen (R, VA), Wayne Allard (R-CO), Robert Bennett (R-UT), Michael Enzi (R-WY), and Trent Lott (R-MS).



    The legislation has four main provisions supported by technology companies:

    -- It reforms both the H-1B visa and employment-based (EB) green card processes by exempting U.S.-educated foreign workers with advanced degrees from the H-1B and EB quotas.

    -- It creates a flexible, market-based H-1B cap. The current limits on such visas were reached in August 2005, preventing U.S. employers from utilizing H-1B visas to hire workers with critically needed advanced skills until October of 2006.

    -- It extends the optional post-curricular training program for foreign students to 24 months from the current 12 months. This provision would make it easier for skilled individuals to go from student to green card status.

    -- It exempts immigrant spouses and children of EB and green card workers from the annual cap, thus making more visas available for highly skilled workers.

    "America is simply not graduating enough scientists and engineers to keep our country in the forefront of innovation and technology," said SIA President George Scalise. "The provisions in Senator Cornyn's 'SKIL bill,' as well as similar provisions in the two versions of comprehensive immigration reform introduced by Senate Majority Leader Bill Frist and Senate Judiciary Committee Chairman Arlen Specter, address our critical shortage of scientists and engineers. The Congress must quickly pass legislation to keep foreign-born, U.S. educated talent working for U.S. companies. Leadership in technology has been critical to driving economic growth, enhancing productivity, improving our standard of living, and ensuring national security. Leadership is not a birthright -- it must be earned, and it takes highly skilled scientists and engineers to earn leadership," Scalise concluded.

    About the SIA

    The SIA is the leading voice for the semiconductor industry and has represented U.S. semiconductor companies since 1977. Collectively, the chip industry employs a domestic workforce of 225,000 people. More information about the SIA can be found at www.sia-online.org.




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  • agadre
    07-02 09:34 AM
    USICS has hired the hollywood actors in order to clear backlog. Now most of those celebrities have lots of experiences of giving signatures to fans, uscis has assigned them the mail receiving clerk's duties.

    Thats a good one.:D




    diptam
    07-04 07:54 PM
    I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

    Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

    Which employer would you call better ?? :)


    Problem is not only with the desi companies! If you work for the so called MNC, still you will be exploited. At least if you convince your desi employer that you will work for them for X number of years, they will be ready to help you. Sometimes they will go beyond the legal limits if the get return from you. Not true with MNCs. In the name of abiding the law, the will not help you. I have seen many people work MNCs, just at the verge of getting the GC, they got laid off! No need for me to tell what happened to his GC.

    So in my opinion the best way to get your GC is go thru the blood suckers! That is the price you have to pay to become citizen of this "Land of Opportunity".




    GC08
    07-08 08:28 PM
    140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
    < 40K GCs were available on June 12 2007: all categories were current.

    If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.

    If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.

    Sounds like either way, they were wrong. :cool:



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