pmb76
07-14 12:42 AM
I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
Re: July Visa Bulletin revision
Dear Representative Lofgren,
Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.
It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.
I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.
The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.
Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.
Sincere Regards,
XYZ
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pyrosleepy
04-30 02:58 PM
Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
I did not see it in murthy.com. Can you please paste the link or the text.
Thanks,
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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whitecollarslave
01-28 04:32 PM
The misconception that immigrants are displacing American workers is gaining popularity. If we are to make a case for immigration reform that helps EB community, we ought to show that EB immigrants are not displacing American workers, but helping the overall economy. In the midst of current economic situation and growing public sentiment against immigrants, paying taxes, obeying laws and assimilating with American society and culture is not enough. It is important to stress the obvious - how individuals from EB community are contributing towards the economy, innovation and competitiveness. In order to illustrate this, I would like to get examples of people from EB community.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
The people mentioned in the earlier replies do not help this argument. I am looking for examples such as the founder of orkut - who is an EB immigrant, once on H1-B visa.
Thanks again.
more...
anilsal
07-11 11:26 PM
this is the next best idea.
In just week, the flower campaign was a success from idea inception.
Guys, make this Arnie campaign a grand success.
Please ask him to "Terminate" Retrogression!
In just week, the flower campaign was a success from idea inception.
Guys, make this Arnie campaign a grand success.
Please ask him to "Terminate" Retrogression!
kum31
10-01 09:53 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
eb3_nepa
08-13 09:39 PM
Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing
You are not a concurrent filer.
Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.
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aardee
08-20 02:50 PM
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
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FredG
January 30th, 2005, 10:23 PM
OK, fine then ... I stink as a photographer and should sell my equipment immediately. But as long as I'm here, I like Solitary Fisherman the best, then Father and Son, but I suggest cropping it to have a bit more space in front of them than behind them.
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parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
more...
alterego
02-09 07:10 PM
Yes but some discussion is going on behind the scenes. I would not be surprised if some such relief were included when we see the final legislation on Feb 15th.
Schedule A, by definition is an area where lawmakers have sympathy. It is guilt free since their own gov't surveyers are designating those areas as in short supply.
Right now the achiles heel for us is that just mainly India is affected. Hence the focus on this probem to the lawmakers seems like just a an Indian IT guys issue. You heard the good senator Biden's comment about what he felt about that, when he slipped up in Dunkin Donuts. I feel that is at the core of the problem. Hence they see it as a favour for us rather than a competitive benefit to this country.
Schedule A, by definition is an area where lawmakers have sympathy. It is guilt free since their own gov't surveyers are designating those areas as in short supply.
Right now the achiles heel for us is that just mainly India is affected. Hence the focus on this probem to the lawmakers seems like just a an Indian IT guys issue. You heard the good senator Biden's comment about what he felt about that, when he slipped up in Dunkin Donuts. I feel that is at the core of the problem. Hence they see it as a favour for us rather than a competitive benefit to this country.
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reddymjm
02-10 07:39 PM
EB1 ----> EB2 ----> EB3 <---- EB4 + EB5
instead of
EB4 + EB5 ---> EB1 ----> EB2
Just for a change.
instead of
EB4 + EB5 ---> EB1 ----> EB2
Just for a change.
more...
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morchu
04-29 09:45 AM
Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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rajsand
10-05 09:13 AM
Please let me know
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
I came to US in 2003 on H4 and then later got H1 in 2005
since then I have a valid H1 and is expiring in 2008 oct.
for this Q what do I ans Yes or no?
I am in the same visa status as I was 12 months ago ,
but as someone mentioned I have changed from H4 to H1 2 yrs back.
Can somone help me. Thanks
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GC4US
08-29 12:36 PM
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
Thank you so much nefrateedi,
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
Thank you so much nefrateedi,
I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.
Thanks again
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marlo
07-18 12:24 AM
This is totally a lawyer matter. Do not rely on any forum for this.
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piyu7444
10-17 03:22 PM
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)
If you wish to you can explore with them and if required can talk to me too.
My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)
If you wish to you can explore with them and if required can talk to me too.
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shana04
02-28 01:14 PM
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
Chandu,
When I called USCIS the IO officer said there are no visa number and it makes no sense in opening any SR and I have been told to wait at least until Oct 2008. She was bit rude but it made sense for me to wait for at least few more months before calling.
Good luck.
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willgetgc2005
03-22 07:37 PM
Sent to my Attorney.
TUnlimited
09-15 12:38 AM
I stop worrying about it and finally got all the receipt notice.
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
talash
10-15 11:48 PM
Again always track ur al aplications and DONT depend on lawyer .
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