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  • Waitingnvain
    07-17 12:22 PM
    I think you might be getting stressed out for no reason vis-a-vis the job market. Most of the people applying (~500k by your estimates) are already on H-1B or L-1. The number of spouses getting EAD is another question.


    Just imagine what will happen to the market flooded with EADs. Job market for H1Bs will totally be down. No US companies will hire H1Bs if they get somebody with an EAD. Tonnes of Junior developers and S/W testers will in the market driving the billing rates down even further. It's better to pack up and leave. I have heard from one of the forums here that an estimated 500K people will file this month since all PDs are current. EB-3 mexico + phillipines togther alone will be close to 300K. God help the Job market.

    Also minimum wait time will be 500K/140K ~ 4 yrs before they get to process your GC. Add to that the time for namecheck backlog 2+ yrs. So total 6+ yrs before getting GC........

    lotr





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  • kumar1
    07-19 01:47 PM
    Desi.....someone asked you a question.....please reply in your typical red blue italic font. If you can not defend what you said, then admit that you were doing BS here. Thanks





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  • Better_Days
    03-26 03:39 PM
    Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?

    I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:
    I feel like this is an example of how messed up this country is becoming. I used to work in Dubai and you need to show a copy of your visa page and employer letter for things like

    1. Getting an internet connection . I kid you not: DSL became available thru Etisalat and I needed a copy of my visa page before I could get an internet connection,

    2.Driver's License. This one takes the cake: I needed a letter from my employer stating that HE IS OK WITH ME APPLYING FOR A DRIVING LICENSE. Not an EVL but an EAL (Employer Authorizing Letter)

    What does it tell you when you reach a situation where the laws and policies within individual US states start bearing resemblance to those used by medieval monarchies.





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  • LegallyGC
    08-09 10:46 AM
    Guys,
    There was a question and answer section on this site and i found this which might help us..
    ---------------------------------
    12. Question(08/03/10): It has taken several years for me to receive the I-485 approval yesterday based on the employment-based petition filed by my employer. I have never changed employer. Neither have I invoked AC 21 change of employment. Since the 485 is approved, I am seeking new employment and started sending out employment applications to various employers. Is there any law that forces me to work for the green card sponsoring employer even after the green card is approved?

    Answer: The green card employment is "permanent" employment. "Permanent" means the employment term is not temporary and must be for a period of "indefinite" duration. Inasmuch as there is no ending date, it can be considered a permanent terms of employment. The employer sponsed employment based immigration requires both the employer and employee to retain "intent" to offer such permanent employment and accept such permanent employment on or before the I-485 is approved. If the employer does not maintain such "intent" and file a labor certification and I-140 petition, It can be construed a fraud. If the employee does not have such "intent" and sign the labor certification application and and file I-485 application based on the employer-sponsored I-140 petition, it can also be considered a fraud. The issue is "intent" which is a mental state as judged from the actions of the employer or employee. AC-21 portability of approved I-140 petition changed the picture and both the employer and employee are freed from such obligation if two conditions are met. One is that until AC-21 is invoked, the employer and employee retain such intent. Practically, in the context of AC-21, such oblication is limited until the alien invokes the AC-21 change of employment after 180 days of filing of I-485 application in similar or same occupational classification. There is a grey area where the alien does not invoke AC-21 and change of employment. In such context, it may be assumed that both the employer and the employee retain such intent at the time I-485 is approved. In old days, the legacy INS was active in initiating a revocation of green card proceeding before the immigration courts to stip off the approved green card and launch a deportation proceeding based either on the ground that there was a fraud on the parties or the INS approved the I-485 application without the knowledge of such fact of ill-conceived intent of the parties. The theory of the law is that "had the agency known the true facts." the agency would not have approved the employment-based I-485 because the I-485 could have been ineligible without such intent. Intent is proven in most cases by the circumstantial evidence since no one can go into the state of mind of other person. The evidence they used to use was the evidence of search of another employment immediately before or after I-485 was approved. For the reasons, even though there is no fixed period of time for a new green card holder to work for the sponsoring employer, legal counsels advised the employees not to send out employment application in writing to other employers immediately prior to the approval of I-485 application or at least for certain period of time like two months not to change employment, because such behavior can be construed as relection of the true state of mind and intent of the employee not to work for the sponsoring employer before or on the date of approval of I-485 application owing to short period of time that lapsed when they changed employment. This problem used to pop up during the naturalization proceeding when the agency learned that the alien changed employment immediately before or after the green card is granted. The foregoing inent issue can be overridden when the alien left the job because of employer's decision to terminate the employment or because of change of circumstances which are beyond the control of the parties such as slow-down of business and layoffs. Again AC-21 affected this issue, and it appears that the agency may no longer actively look for this issue. But theoretically, the issue still exists and a law is a law. Accordingly, there is always a potential risk of this issue popping up after green card is approved, especially when there is a grudged sponsoring employer who obtained and possessed such adverse evidence and contact the agency to revoke the green card. Just beware.

    ------------------------

    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..



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  • mallu
    02-12 01:46 AM
    Hi

    I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....

    Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...

    He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...

    Also, he seems to have closed his company..

    Folks please advice....
    .





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  • LostInGCProcess
    12-14 02:24 PM
    For how long is USCIS issuing the EAD & AP these days?

    I got my EAD valid for 2 Yeays and AP valid for 1 year. It took almost 90 days for EAD to come by (from TSC)...and AP (from NSC) took about 110 days.



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  • GCInThisLife
    07-19 01:56 PM
    I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.





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  • SkilledWorker4GC
    07-08 05:15 PM
    Ofcourse at first they will say its a crazy idea and wouldn't have any impact.
    But got to try atleast and try to convince them
    Efforts have to be collective. Try to get supporrt from coworkers, friends - ask them for a honest opinion and see what they have to say



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  • Guig0
    02-10 02:40 PM
    how come we have more votes than posters? :-\





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  • chantu
    09-19 06:29 PM
    http://news.bbc.co.uk/2/hi/south_asia/7002296.stm



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  • ronhira
    07-21 10:28 PM
    mike – what about some of the corporation r not american corp.
    donna – it doesn’t matter. ha ha
    mike – indian corporation is hiring indians,
    donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
    what will happen is that they will cease to exist. tata has not applied for 1 h1b.
    kevin – they get people on company2company transfer
    donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
    we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
    if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
    btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
    kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
    barbara – someone will say 30 days – that will stop our mission critical project
    donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
    kevin – on durbin bill, who will testify in the committee hearing
    donna – nobody knows
    kevin – the message is fragmented, donna the first one to say, get on to the message
    donna – the players and politicos, who will talk about this, there is a big group who called me last week,
    barbara – yes, we r fertilizing the soil.
    donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
    kevin – we put this on internet it will stay forever and people will see it.
    donna – someone in dean campaign, is interested in helping us
    kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
    mike – one can
    donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.

    have to checkout now, have to head out, thanks everyone, bye guys.

    if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.

    alright bye bye.
    --------------------------------------------------------------------------------------------------

    waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....





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  • happystar
    08-01 09:39 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!



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  • Legal
    07-19 08:52 PM
    OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine.

    since B-1 visa is issued clearly on the assumption she does not have immigrant intent.

    I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.

    read above





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  • 10dulkar
    09-27 10:02 PM
    look the same. From those Anti_immigrant, anti-foriegn programers group. Wake up buddy you should welcome new immigrants or you and your father won't get your social security payment. That's reality. Becoz all of your children are working in either Burger Kings or McDonald's without working hard for thier degrees. And I agree they work hard on asking you if it is TO GO or for here. You want any soda?
    Go Figure!



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  • pcs
    05-22 02:36 PM
    Regarding contribution & phone calls ???





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  • nogreen4decade
    07-16 06:35 PM
    Guys, there is real substance to what oscarzumaran says as well......

    It is not fair to shout at him unless u understand the issue bereft of any emotions.

    I think the AZ is the right thing to force illegal immigrants out of AZ since its bringing the economy down to its knees.

    Moreover the AZ law is excatly the same as the current Federal law, its just that AZ is implementing it thru a state law, so why shd the feds object to it.

    If you folks think that AZ law is wrong then why should other sanctuary states who prevent illegals from been sent back be allowed to pre-empt the fed law , even these states should be challenged.

    We legal citizens are required by fed law to carry legal docs at any time(even though u may not like it), AZ is just enforcing the law

    IV is all about legal immigration and does not support illegal immigration as I know it, Its a folly to think that if we support the feds they will support legal immigration and give GC's faster......Can anyone be 100% sure that the politicians will not drop the legal provisions from CIR just to get some votes to get the illegal immigrations laws in CIR thru......havent u seen how the healthcare bill was passed

    How could you all support illegals when u are here legally? would you let pakistanis enter India without Visas or let palestines into Isreal just like that?, would Mexico allow Asians into their country just like that, heck NO.

    Stop criticizing folks for stating their point of view, each one has a right to his opinion, so does oscarzumaran.

    I dont care if you give some reds, hope oscarzumaran will compensate with some greens :)
    It is not about the objective of the law. It is about intentions behind it and the effectiveness of it. Sure, throw illegals out.. But make sure noone who are following the law is suffered because of another law. You live here, then you know! SB1070 is not the way to go.

    Ask yourself this question. How many American citizens, you have come across, even know about legal immigration process? This definitely applies to the police!



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  • pdakwala
    02-03 10:00 PM
    Please read on:

    Meeting Notes :
    Meeting with Lauren Hole, Field Representative of Rep.George Miller (Concord).

    A group from CALIFORNIA Met with Lauren. She was not aware of the EB based GC process. So we updated her on the process and the issues. She patiently listened to us for an hour. She said she would bring it up with her counterparts in Washington, but was not sure if she would be heard on this. When asked what we could do to make us heard, she said " Just continue what you are doing.. Contact your local Congress persons".


    Meeting with Luis Quinonez and Pepei Yu, Field Reps at Rep. Barbara Lee ( Oakland).

    This meeting went very well, because both of them knew very well what the issues are with the Labor BECs and with the Retrogression. They also knew about all the bills around the immigration. They had gone through the IV web site and also the brochure.

    They were very sympathetic to our cause and said "Barbara Lee is on your side. And we understand all your problems and we are with you in asking for these reforms". They gave us some specific action plans:

    Get a few people who live in Oakland to write to B.Lee's office stating that :
    They live in such and such address (should be within the Oakland congressional district)
    Their case details with case number.
    That they represent Immigration Voice which has several x number of members who are similarly affected.
    State our cause (goals) and request that Rep. Barbara Lee should please consider / vote favorable for our case.
    Pepei Yu mentioned that if they get these letters, it gets filed and entered into a database and is seen by the Congresswoman. So, we have to draft the letter and get about 10 �20 people in the Oakland Congressional District to do this. Please get your contacts or friends to do this.

    Pepei Yu also educated us that the Congressman / woman can only look into matters of their own Congressional District . It is considered federal felony if they engage in interests of other dicstricts. So she said it is very important that we get people to appeal to the Congress person of their own district. The Congress person they should contact is the one that governs the place where they live (not the place where they work). She suggested that we make a template of the letter and use it across the country replacing our names and the Congresspersons name as appropriate. Both Luis and Pepei stroingly encouraged us to do this across the country and mentioned that this was a sure way of reaching out and making our voice heard.

    3. They were very helpful and suggested that we keep in contact with them to monitor these issues. They also offered to let us know when they may have someone from the USCIS or other such Immigration related authorities addressing open forums.

    They strongly suggested that we get in touch with Senator Feinstein (they provided a contact) and also get in touch with every congress person in the area (Bay Area) � esp those that are Moderate Democrats. The thinking was that it may be easier to get the moderates over to our view point rather than people who are totally against immigration.





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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.





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  • logiclife
    01-09 12:16 PM
    What is the Federal Government's role in COBRA?
    COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.

    The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:

    U.S. Department of Labor
    Employee Benefits Security Administration
    Division of Technical Assistance and Inquiries
    200 Constitution Avenue NW, Suite N-5619
    Washington, DC 20210

    The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.

    The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:

    Centers for Medicare and Medicaid Services
    7500 Security Boulevard
    Mail Stop C1-22-06
    Baltimore, MD 21244-1850
    Tel 1.877.267.2323 x61565

    I am a federal employee. Can I receive benefits under COBRA?
    Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.

    Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
    If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.

    How do I find out about COBRA coverage and how do I elect to take it?
    Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.

    When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.

    Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.

    The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.

    You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

    Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.





    baburob2
    02-04 10:20 PM
    guys i posted flyers in areas around LA at Artesia, Temples/Grocery stores around Orange County. Will do more of posting around LA. If you know of places around LA where there can be more of Indians, Chinese, Filipinos please let me know I will post them and try to talk to people around.





    rssb
    01-27 06:07 AM
    U donno where to even start. My argument was based on relativity and "most of" theory and never was 100%.

    U must be a gulti trying to defend ur region - God bless

    ?? :confused:

    As MC and others say lets stay on topic (which is fraud) . You were the first to start and drag unrelated issues into this conversation. FYI I have good friends who are from the region and went to school with them. It does not matter where we are from , the common binding purpose we are discussing on this forum is immigration / legal immigration.

    What we need is unity between people ( from various countries) and groups ( EB2, EB3 ) to work towards solving the problem on hand, which is retrogression. And not additional divisions. Who knows EB1 might get retrogressed if there are too many good people capable of that under the current rules.

    People from different regions/ countries apply for legal immigration and everyone is undergoing the same thing. For general news, chit chat and adding spice there are other avenues to discuss unrelated politics ( blogs, personal pages, or tv 24/7 news channels ). If you have different topic which states what you are discussing, only interested parties can spend time reading and assimilating that useful information you have provided.
    Your argument of relativity has nothing related to trivalley or what happened there.



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