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  • lasvegas
    02-05 05:53 PM
    You have to PHYSICALLY present in Canda for 3 years in a 5 year period since the date your became PR.




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  • partha_vus
    07-04 12:41 PM
    My application delivered on Jul 2, 11:25 PM to Nebraska my PD: Jan 2001




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  • immi_twinges
    07-11 01:17 PM
    There are some very good quotes from
    American x presidents , socialists and authors


    These should be included because Americans are more aware of them and its a symbol that we respect the American leaders thoughts and aspirations.

    I have posted them on the other thread.




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  • ramaonline
    02-12 03:08 AM
    Make that 1700

    Payment To Immigration Voice Completed ... -$25.00 USD



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  • va_il
    05-02 11:28 AM
    Where is the relief for foreign educated professional who is filed under EB3.

    They seem to exempt only for extraordinary ability ppl.




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  • somegchuh
    03-10 02:39 AM
    A lot of people can give you advice but I think it really comes down to making peace with yourself.

    I have been thru the pain of being stuck in LC for over 4 years and I can completely sympathize with you. I know it can be really frustrating. I have been thru swings of optimisim and pessimism in those 4 years. Ultimately this is what I have realized, there is always a price to be paid in life if you want to achieve anything in life. It is upto each one of us to decide if GC is worth the various years of being stuck in same job, wife being stuck on H4 is the right price for GC or am I paying too much. For me personally, I think I am paying a big price but I am like a businessman who has invested so much money and time in his enterprise that he's afraid to drop the venture and start another business. Actually a lot of us fall in this category.

    So look at it this way. Write down the price you are paying. Figure out if you still want to put your effort (and how much) in trying to get a GC. If you think its a venture that's not worth the outcome, there's your answer! If you think its worth the outcome but you are afraid you still may not get a GC, work on backup plan i.e. evaluate and apply for immigration to other western countries or evaluate and work on a plan to go back to your home country. Knowing the price and having alternate plans will give you peace of minds. More than anything else don't forget to have fun. A lot of times we get caught up in worrying about what might/might not happen in future and don't enjoy the present! Go out with your wife and have a fancy dinner every now and then ... do something spontaneous... Watch movies, listen to music, go bowling with friends ... whatever takes your mind off the routine!


    I see a lot of guys telling everyone who is frustrated saying: Let your wife get her own H1, why don't you buy a house on H1, why don't you have kids? Well, its good to offer suggestions but don't get condescending. Not everyone is fortunate enough to have a stable job that they can buy a house. Not everyone's wife is in IT and can get a desi co. to sponsor H1. Not everyone is at peace mentally enough that they can plan children.

    Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:



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  • glus
    07-09 05:51 PM
    awsome ...did you get the list of emails i sent you via email :)

    yes, I did. Thanx.




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  • kshitijnt
    04-22 08:06 PM
    I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



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  • chanduy9
    07-03 02:08 PM
    :D :D :D :D I can't stop....good humar....
    if roses won't work then we all send cactus..:):)




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  • StarSun
    02-01 02:08 PM
    Thank you vbhup2, mk26 for your donations.

    Total Contribution: $200
    Amount to be raised: 50,000 - 200 = $49,800



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  • gc_aspirant_prasad
    07-05 02:00 PM
    AILF is ready to take the cause up, then why not ? Fragmon & Rajiv Khanna are just two opinions. I think the Congresswoman who spoke out on this issue used to be an immigration lawyer prior to taking up public office & she mentions in her letters to DHS that this may be a potential violation of the law.




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  • nogreen4decade
    08-31 03:41 PM
    I really like this idea.... Actually if north Indians didn't rule Central government in India for such a long time (before PV Narasimha Rao), south Indians would be better off in India itself !!! Then north Indians would be citizens of USA in no time, and South Indians (in India) would have been happy about it!!!

    Either way, get well soon!

    USCIS should seperate North Indians and South Indians - We are soooo very different anyways ..... Different language - different look - different food ..... That way all of us North Indians will get our GC sooner :D



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  • DallasBlue
    08-25 12:00 AM
    Quote:
    Originally Posted by unitednations
    If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.

    That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.

    No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.

    Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.

    Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.

    The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.

    It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.

    I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.

    Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?

    Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.


    Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).



    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.

    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?




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  • ski_dude12
    08-26 01:08 PM
    Is your case pending at TSC?

    They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:

    Congratulations to all newly greened folks and Good Luck to all waiting....



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  • manderson
    11-01 04:01 PM
    what happens if one changes job after 180 days but the I-140 has not been approved?


    cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.




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  • simple1
    05-01 03:38 PM
    Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.

    There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).

    If our interpretation is correct, how many of you are willing to sue CIS??



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  • buddyinsd
    02-08 05:56 PM
    To know something is good (following news of one or more countries) so we can decide whats better. Seems like u have misinterpreted that or thinking too much to go on to say its "attachment" ha ha ha

    But you watch Indian TV and see him everyday? :D

    Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.




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  • GCStatus
    09-17 03:09 PM
    I don't think we are wasting energy/time by identifying gaps and answering questions to folks who want to know more about what exactly are we talking about here. Moving on and gaining more and more support etc., all these things need to be done in parallel.

    Wanting to know more and talking trash/dumb - 2 different things.

    Yes we are here to clarify for the former. For the later, is what my original comment was.

    Also like i mentioned before, did we do some analysis on the links MadhuVJ sent few days ago?. I will be calling few lawyers today and keep you all posted




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  • vij
    06-18 09:54 AM
    who knows?
    My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
    I sent mine on June 1st....nothing yet.
    on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
    I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows

    Hi Techbuyer77, do you know when your friend got her receipt notice. I also applied in may and still waiting




    Ushakiran
    05-08 05:59 PM
    should we add the following content?
    EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .




    Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.


    Subject: Discrimination of Indian Immigrants

    Dear President Obama,

    I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.

    One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.

    President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.

    Thank you President Obama and you are doing a wonderful job!

    Sincerely,
    Xxxxx xxxxx




    Devils_Advocate
    03-07 02:05 PM
    Hey UN, with your experience, are you seeing a pattern of denials, etc happening to non bodyshopper, non consultants as well? as in, is this whole DOL/USCIS crack down across the board or is it mostly restricted to desi consultants/bodyshopers?



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