pete
12-13 03:49 PM
The amount of lying and fraud that goes on in this process amazes. All under the cover of "legal"! There are compnaies doing this kind of utter crap and getting away with it.
I will tell you my story:
I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on Monster.com for nearly a year. They weeded through so many applicants ( actually interviewed them!).
The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.
I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.
I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.
thats all!!
I will tell you my story:
I am EB2. Physician now doing residency in Surgery. In Sept 2004 the University started my GC process and the lawyer went the full 9 yards.... to get my LC application in around the time PERM started. In fact my research job was on Monster.com for nearly a year. They weeded through so many applicants ( actually interviewed them!).
The program even paid my fees at 960 dollars a credit for PhD ( the plan was I get PhD as well and they would pay for it until I get Work permit). On H1B I could not be a full time PhD candidate. Thanks to retrogression I could not go ahead with that plan and the program spent thousands. I have had many presentations, papers both in the country and Europe.
I started residency so did my wife and we are waiting for this thing to work out. But we have seen so many of these "career GC applicants" jump the line and get ahead. If we are to argue about contributions made by Indians in science and technology how can we tyurn a blind eye to BS of this type. Where are hard working folks who play by the rules to go when peaple jump lines. It is bad as it is and gets worst by the day.
I dont want some half assed explanation that this is "legal". It ought to be stopped and that guy has to start at the back of the line. the full IV thing surprises me. They ought to take action on this .. atleast to prove they are serious about being honest and good and whatever else we claim to be.
thats all!!
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IfYouSeekAmy
04-20 12:02 PM
Good luck with this effort since you are already fighting among yourselves! :D
laborchic
06-12 12:03 PM
Keep your fingers crossed guys.. This is going to be a long fight.. I hope everyone does their own bit and try to help in IV's efforts.
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GCapplicant
06-13 01:27 PM
06/13/2008: Unresolved Disagreement With Hispanic Legislators for Highly Skilled Foreign Worker Immigration Legislations
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
more...
ebizash
03-26 01:56 PM
What about H4 spouses or secondary GC applicants who are not working? How will they get DL if the DMV is asking for EVL or pay stubs?
abhishek101
11-02 11:33 PM
Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
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alterego
02-27 04:42 PM
This cannot happen. Let me tell you why.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
If this is allowed, every FB applicant who basically is also waiting for a number to complete consular processing would want the same benefits and this could not be accomodated.
CP was good at the time when you could get it processed and get a green card quicker, it would have had to be a carefully planned decision. Now once the choice is made, requesting derivative benefits of AOS would not work. It was always involving that risk.
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shukla77
05-29 09:08 PM
Let us see if we can get at least 200 people who vote on this. Many the great souls are talking about complaining to USCIS about EB1s getting GCs using shortcuts. Some of them suggested LET US write to ombudsman office and USCIS & blah blah. Let us see how many folks come forward and vote for this.
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snathan
06-18 10:55 PM
Can we send official letter ( with all sad stories ) from IV and we can call these guys on behalf of IV
http://moia.gov.in/showinfo1.asp?linkid=482
Let us try to give these guys some job....
I dont believe Indian govt can help in this...Lets first gather people and we will let you know the next course of action. There are bunch of people in Face book who got struck up in visa delays. I am trying to reach out to them. Its big group...try to get them here. Please contact those people...
Just this is my opinion....we need to build very strong case and deliver to the targetted audience.
http://moia.gov.in/showinfo1.asp?linkid=482
Let us try to give these guys some job....
I dont believe Indian govt can help in this...Lets first gather people and we will let you know the next course of action. There are bunch of people in Face book who got struck up in visa delays. I am trying to reach out to them. Its big group...try to get them here. Please contact those people...
Just this is my opinion....we need to build very strong case and deliver to the targetted audience.
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pyrosleepy
07-31 11:35 AM
Thanks, Sanbaj! Your response does help.
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file485
01-01 07:55 PM
Thanks Harsh..
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
you think it is safer to submit the last 2/3 paystubs while on H1 earlier along with the other documents we submit while filing for H1, or not even submit them.. I know the officer is at full liberty to ask whatever document he fancies at that moment and my stars at that time..
Do you think they will ask for the W2's while on H1 period..?
others too, pls share your thoughts.
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nixstor
12-14 04:42 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
If you are really interested in learning more how these allocations work, You might want to talk to 2 depts in Bureau of Consular Affairs.
1) OFFICE OF FIELD SUPPORT LIAISON (CA/VO/F)
2) OFFICE OF INFORMATION MANAGEMENT AND LIAISON (CA/VO/I)
Their numbers as per foia
http://foia.state.gov/Phonebook/OrgDirectory/OrgDir.asp?ID=27
Try your luck and enlighten all of us. Tell them that the VB is more exciting than the BCS rankings.
more...
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immi2006
06-07 11:52 AM
Hope you will pray for the best, unless the bill gets killed when you are back in the game.
It is like we are waiting for batting, when the umpire is declaring rains !!
It is like we are waiting for batting, when the umpire is declaring rains !!
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pappu
04-13 04:40 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
We are glad that it worked out.
more...
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meg_z
11-17 12:57 PM
Thats interesting to know that we even pay higher life insurances due to not having a greencard. can someone else second this from their experience. I am not aware of these hardships so if we have to say this in any media interview, we need correct information substantiated by facts.
Forgot to mention. Check those online quote sites. Each one of the companies has a disclaimer that you have to be either a citizen and a PR to qualify. Thanks.
Forgot to mention. Check those online quote sites. Each one of the companies has a disclaimer that you have to be either a citizen and a PR to qualify. Thanks.
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sirinme
12-20 05:45 PM
The same memo also talks about AC21 - to me, it sounds like those who qualify under AC21 can also get 7th year extension even though they are currently not on H1-B status. Could someone please clarify if I can now "recapture" my now-long-gone-H1B based on this memo and the following information?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
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snathan
04-29 09:57 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Tell me one country in this world which is giving 140K GC for skilled immigrants and alomst 1 million GCs for immigrants...
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rkanth12
09-09 12:59 PM
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it�s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
I have a question on salary hike after invoking AC21.
What if new employer pay same salary as old and the other amount as per diem. Is that going to be a problem.
For ex. current employer is paying 80K and new employer is going to pay 120 K. Which is way beyond the limit. In this case can new employer pay the difference in per diem.
Experts, your opinion please.
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thomachan72
11-10 01:56 PM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Goel_ar, I dont know why anybody would give you a red for asking this question. It is a very valid question.
I would like to say that dont count what IV has achieved but try to consider the situation "If there was no organization like IV around". Right now even if you have some issues (minor or major) you could communicate with like minded people in one place and hopefully get solutions. If you are a continued donor then IV even helps to solve some of the issues?
There are lot of benefits in being organized and whether you donate or not it is well in our interest that this survives and stays strong. What is a new opportunity arises, immediately we have a platform to jump in, right? without IV existing that would be difficult to organize and arrange at short notice.
Hope this and other posts helps friend;);)
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
Goel_ar, I dont know why anybody would give you a red for asking this question. It is a very valid question.
I would like to say that dont count what IV has achieved but try to consider the situation "If there was no organization like IV around". Right now even if you have some issues (minor or major) you could communicate with like minded people in one place and hopefully get solutions. If you are a continued donor then IV even helps to solve some of the issues?
There are lot of benefits in being organized and whether you donate or not it is well in our interest that this survives and stays strong. What is a new opportunity arises, immediately we have a platform to jump in, right? without IV existing that would be difficult to organize and arrange at short notice.
Hope this and other posts helps friend;);)
lost_in_migration
05-29 04:43 PM
Guantanamo may be kept open just for us .... and they will charge us $5000/$10000 per extension which is due per year ;)
I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.
I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.
texcan
09-10 02:28 PM
Requirements to change employer when GC is pending:
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."