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  • chanduv23
    07-29 01:48 PM
    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Though it is unfortunate, I don't think you are understanding stuff right. If you think you have a case to fight, go ahead and do it. Consult an employment lawyer and see what can be done.

    Anywhere in the world, it is always the employer who has the upper hand and you fight only if you are capable of.

    It looks to me that you are venting out on the employer on this forum because you feel decieved or cheated, but the reality is that, it is just an unfortunate situation for you and all of us go through bad and frustrating times.

    There are some companies who have filed EB1C left and right and employees got GCs in few months, there are companies who file EB3 for most qualified and that too when in 5th year.

    A lot of physicians get future offers while they do fellowships etc... and the employer actualy files directly for GC and these folks get GC by the time their fellowships are over and they start work immediately.

    Work with the situation, work with your employer, look for options, try to infleunce the system to make process better .... along the way you will see that you can achieve a lot by being positive about things.

    Try to "Make things happen" rather than expecting things to happen, because things change and we all know "change is constant"





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  • hsm2007
    09-23 02:18 PM
    Hi abd,

    Can you share the template of the EVL that you used to respond to the RFE. Also did you mention about the AC21 when responding to the RFE. Please help out as I am in the same state where my dates are current but got an RFE.

    Thanks.


    The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00





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  • ItIsNotFunny
    10-15 12:10 PM
    do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D

    If Gandhi would have thought the same way!

    We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.





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  • vandanaverdia
    09-11 12:36 PM
    GET UP!!!
    STAND UP FOR YOUR RIGHTS!!!!
    Come to DC... lets get together & let our voices be heard!!!



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  • BharatPremi
    03-12 04:38 PM
    a. Background check: They are currently doing my background check. How long does it take to complete this process? Even though I do not have any bad history still a little nervous. Is there anything I need to know about this?
    Sathyaraj

    I am assuming here that you referred Background Check done by future employer as a part of employment offer before granting you the final offer. In that case mostly your employer might have contracted that to third party. And if that would have been the case then it solely depends upon where you resides now and how many states you have moved so far from the date of first entry in uSA and what kind of new implementation all those states may have. Some states even gives "Red Flag" for traffic violation such as speeding. What happens is that, that third party would see only "red flag" and would not come to know about underlying cause of the "red flag". So as a process that third party first come to your future employer notifying about this " red flag". Then your employer decides to query that further having signature from you and would notify third party to dig further and then third party will go to state police to know the underlying cause and state police will work on that by taking fee and and some point of time it will say " hey he had traffic violation". So it may eat up 3 to 4 months to finish the whole cycle and ball is in your employer's court whether to hire you or wait to hire till then. Most companies hire without wasting time and afterwards if something really serious feedback comes in will boot you otherwise you will be fine.





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  • logiclife
    12-20 04:54 PM
    Please lookup 245(k).

    http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001255----000-.html

    (k) Inapplicability of certain provisions for certain employment-based immigrants

    An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 1153 (b) of this title (or, in the case of an alien who is an immigrant described in section 1101 (a)(27)(C) of this title, under section 1153 (b)(4) of this title) may adjust status pursuant to subsection (a) of this section and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this section, if—

    (1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
    (2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien’s admission.

    So basically if you are applying for employment based immigration adjustment of status(meaning I-485) under EB1 EB2 or EB3, (that's what they mean by paragraph (1), (2), or (3) of section 1153 (b) in the above text), and if you have not voilated status for over 180 days after your last legal entry into USA, and if you were in legal status at the time of applying for 485, then you may adjust status.

    Now, a really good idea would be that you disclose this whole thing at the time of filing 485 and also claim the benefit under section 245(k). Since its apparent that you have not done it, I would advise to leave it alone and dont dig up old graves.

    Consult an attorney for further advise, but dont go overboard in being Raja Harishchandra (the chronic truth teller) because frankly USCIS may not care about this and you can always claim the benefit under section 245(k).

    However, if USCIS finds out about this (which is very very unlikely) and if the officer is a very strict person, then they may create a case of wilful misrepresentation. That's because on form I-485, it says that "have you ever been out of status or illegal and if so, provide details". In that question, if you didnt disclose your past history of being out of status ( I am assuming you were out of status and not illegal) then basically, in theory, they can say that you wilfully misrepresented (basically lied to them) by hiding this.

    One option is to file an amendment to your I-485 and disclose this fact. That way, atleast they cannot make a case of wilfull misrepresentation. Nonetheless, remember, for them to find this out (about you not working and sitting at home) is difficult. Unless they somehow ask for your W-2 and paystubs for past 6-7 years and in that case it will be very easy for them to see that you were not working for 1 year.

    Consult an attorney and tell the attorney all the details. I am not a lawyer and you should always ask a lawyer for legal advise.



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  • pappu
    01-11 01:21 PM
    Hi:
    I just joined the chapter.
    Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....

    Wishin' for a better future ahead for all us immigration victims
    PD for self: August 03
    Labor Cert: pending

    PD for husband: Dec 03
    Labor Cert & I-140: appoved.
    welcome.
    pls contact varsha and others to start chapter activities.
    varsha, pls plan some action items for the chapter.





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  • amsgc
    07-28 01:46 PM
    Religion is a private matter and your faith and what you believe in is your affair.

    I don't understand why we are having a discussion on this subject on this forum (self filing docs). I think the original poster made a poor decision by opening this thread. Someone should close it so that we can talk about the more important matter of getting the green card faster.



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  • JazzByTheBay
    09-13 02:01 PM
    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz

    Easy decision: JUST COME GUYS!!!!





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  • vamsi_poondla
    09-26 10:55 PM
    I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.

    IV is sticking to employment based green card reforms. Green Card == Immigrant Visa. So, it would be silly not to use 'immigrant' in this context.

    IV is not for just those currently in the 485/140 stage. It will be for future green card applicants as well and that includes H1Bs and F1 holders.



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  • jonty_11
    12-10 11:48 AM
    at which point it will be alottery again ..until dates move back to the stone age..in August 2009





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  • chanduv23
    04-04 09:11 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.

    Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.

    A lot of people come through bodyshops and later move on to permanant jobs.

    Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.



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  • masouds
    02-15 04:52 PM
    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps.
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'

    :mad:
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.





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  • nousername
    11-13 02:13 PM
    when was the last time you won a legal battel in 2 weeks/months/years time?

    IV is acting like a desi politician.. paisa do and shut up..we know what we are doing....they refuse to even entertain such alternate remedies.

    like i had said in my earlier post.. If you pay a BYTCH.. she will sing what you want to hear..hence the fake promises of CIR being a reality..and all.. (remember that 588x bill fiasco) and NOW we know..from the horses mouth.. CIR is dead for the near foreseeable future.

    So i think we should pursue alternate reliefs with immediate effect.

    just my 2cents.

    With you on this bro.. You propose something and they ridicule you, you ask a question or question their intent they pull your thread off the main page and dump it someplace else..

    Because of the above reasons I stopped donating (which I know they don't care, nor do I). I only visit this forum to help other members with their questions to which I might have an answer or share my experience, as like others even I have quite a lot of bad immigration experiences.



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  • optimystic
    10-16 12:47 AM
    Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.

    I did not realize it was this simple! Will surely send the letter by this weekend.

    Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?





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  • lahiribaba
    03-09 11:31 PM
    Looks like
    April 2008 - 01 oct 2001
    April 2009 - 01 Nov 2001
    April 2010 - 01 Dec 2001

    and so on...

    We will def get our GC this century if we are lucky

    Well at least if you get to live that long your kids will be happy that you got your GC before you said goodbye to this world.. "Dad's last wish fulfilled" :p



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  • rajuram
    01-25 01:26 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

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

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

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?





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  • ItIsNotFunny
    10-15 12:38 PM
    Sir, you are a senior and active IV member and i respect that totally.
    but EB3-I dates are rolling on nicely, they are already oct 01 they will cross well in 2002.
    in june 07, they were at june 03. then this mess happened in july and eb3-i was almost frozen over the entire year. now its starting to thaw..

    you must have already written to congressmen and called them up, also communicated with ombudsmen, i would say, please just wait and watch.
    i'm not eb3 but eb2 but i'd say allow older eb3 to get out of this rut.

    OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!





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  • greyhair
    06-10 07:30 PM
    For whatever reason, rumors are flying all over the Internet that the end of H1B and EAD employment authorization is at hand. This is complete nonsense. The purported basis for these rumors is an amendment offered in the Senate (S. Amdt. 4319) to a tax bill previously passed by the House (HR 4213). As written, this proposal would prohibit companies from filing H1B petitions if the company has laid off any employees in the last year. It would also void all existing H petitions for a company if the company lays off personnel.

    Let's put this in context. Microsoft decides to lay off some of its loading dock personnel because they want to outsource that work. Under this proposal, they would then have to terminate all of their H1B engineers. That simply doesn't pass the laugh test.

    Like most of Grassley's proposals, this amendment is pure idiocy. I suppose that's what happens when your parents are siblings. This bill has absolutely no chance of ever becoming law. .

    It is unwise to be too sure of one's own wisdom. Pandering to the client base will not help the clients, it will only help the service provider.





    godspeed
    06-14 11:41 AM
    Senator Saxby Chambliss has voted against the original Senate version of H.R. 4213





    hara_patta_for_rico
    07-09 07:28 PM
    1. In the first 3 quarters they are supposed to use 81%(3*27%) of 140,000 = 113400. They used up 140,000(which is not according to their regulation A).
    2. Regarding clause B, in June they could have used 14000(from June) + 47400(Remaining quota from previous months i.e 113400- 66000) = 61400. They used 74000 in June(which is not according to their regulation B).



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