glus
05-23 09:10 AM
Hi,
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/publ...tactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
It took me a while since their lines are busy. I sent faxes to my local senators and to those:
Patrick J. Leahy http://leahy.senate.gov/contact.html
Arlen Specter http://specter.senate.gov/index.cfm?...ntactInfo.Home
Chuck Hagel http://hagel.senate.gov/index.cfm?Fu...n=Contact.Home
Diane Feinstein http://www.feinstein.senate.gov/publ...tactUs.EmailMe
John Cornyn http://cornyn.senate.gov/index.asp?f...&lid=1#contact
Harry Reid http://reid.senate.gov/contact/email_form.cfm
Mitch McConnell http://mcconnell.senate.gov/contact_form.cfm
Mel Martinez http://martinez.senate.gov/public/in...TOKEN=66357958
Trent Lott http://lott.senate.gov/index.cfm?Fus...=Contact.Email
Lindsey Graham http://lgraham.senate.gov/index.cfm?mode=contactform
I created a personal 1-page fax based on IV template and asked to include:
1. More immigrant visas for those who are in the queue alredy(employment based)
2. Asked for easy H1B 3-year extensions like in the present law
3. Allow to file I485 without visa numbers
4. Showed how illegals are being rewarded for breaking the laws, and how the legals are being punished by current bill.
Guys, it may take a while, but do e-mails and faxes. The hardest fax to reach was sen. Reid's office.
Go IV go....
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hello
02-03 02:13 PM
Contributed $100.
prashanthg
09-17 03:51 PM
Its unfortunate you are confused. Still appreciate you took sometime even with this confused state of mind to give your valuable 2 cents.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
First of all, its not between me and employer for that matter. USCIS is delaying the process with no logical reason ( am i repeating myself from my first post - hopefully you read again and properly this time Mr.confused ).
All we want is to have them follow a pattern. Wait what am i doing here, you are confused, doesnt matter what i write here. Let me know when you are normal ( after all the hormones are in order, if at all that happens ), we can talk.
Man!
You either get too emotional, or too defensive.
I still don't get what you want to achieve.
We all agree that you are not after the money.
You want them to approve the cases this September, before the retrogression hits in Oct.
They can�t give the GC�s if this year�s quota is already over. Even a judge can�t force them � it is the law � they cannot give any more than the number defined in the law.
On USCIS processes:
USCIS already confessed before the congress that they can�t (unable to) process the applications in the priority date order.
If you force them, they will say the same thing in front of a judge. If the judge forces them to process the cases by PD, they will say it will take them couple of years to make changes to their processes/procedures. In the mean time they will waste visa numbers.
(We are still smarting from the BEC fiasco � at least I am � They took two years just to move the boxes from SWEs).
They have been saying that they are hiring, training and improving blah, blah blah (we have heard all that BS before). And they are going to repeat the same thing again in a court.
So, How do you want to see the USCIS perform and how this law suit is going to help.
Convince me. I will gladly contribute, even though, I have not filed my 485 yet.
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gauravster
07-08 03:48 PM
I am bringing these out not because I am opposed to equal treatment of folks on H1/ EAD etc - but because there are legitimate arguments both ways and unless we can prove unequivocally that there is gross miscarriage of justice in denying us this right and on the other hand - there is no disadvantage caused to anybody else by granting us this right - this idea is unlikely to see the light of the day
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
while i am happy to be proven wrong - i do not see anyone in this forum having a stomach for a protracted legal battle starting with lower courts and going all the way to Supreme Court - going back to my previous point - we do not see this as a "larger than me" cause
Incorrect words used by me, I did not mean that supreme court gave authority, but that supreme court did not find that discrimination based on country of origin for immigrants violates the basic tenents of this countries constitution.
I am not saying that this is a case on employers. If at all it would be a case against the discriminatory laws of the congress which allow someone to stay indefinitely but, do not allow them to work.
If a case like this is filed, I do not think, I do not see it going to be a proteacted battle. If enough coverage is given, the lawmakers might sit down and fix the problem or atleast have a quick temporary fix. Maybe even lawmakers might not be needed, just the DOJ would might update the rules (which it is allowed in case it determines that the laws are conflicting). Most important of all, this will bring the issues on the front from being a laggard.
more...
GotGC??
06-15 05:51 PM
Folks, when you send/ask about details, it'd help if you could post your details like this (format borrowed from another post):
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
Here are the details:
Mailed to NSC on May 31st.
Received at NSC on June 1st.
Transferred to TSC (I-140 was Approved from TSC)
Receipt Date - June 01
Notice date - June 08
My 485 was filed with NSC on June 1st. It reached NSC on June 4th. We haven't received any receipts so far. I think NSC is still working on June 1st cases. Maybe I need to wait for one more week atleast
niklshah
08-08 08:50 PM
Last night got a message welcome notice sent.
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congratulations all of u who are receiving card production emails but dont forget IV donate if u can......it will help others in line in which u were also waiting............thanks guys and cheers......
Today message changed to ( the dates shows yesterday)
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congratulations all of u who are receiving card production emails but dont forget IV donate if u can......it will help others in line in which u were also waiting............thanks guys and cheers......
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vijayrudra
05-23 01:09 PM
Emailed to the listed and WI senators
2010 After
anotheroneonqueue
08-26 05:14 PM
Following is my observation from my last H1B extension from Vermont.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.
My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.
more...
bebar
06-14 03:31 PM
They are not personal checks. So there is no way for me to find if the checks were cashed or not. But attorney said, it takes minimum two weeks. But it looks like many have gotten their receipts.
Are you checks cashed?
Are you checks cashed?
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desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
more...
delhiguy
07-04 08:07 PM
Send him your resignation.
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.
As now the dates are current, my employer is trying to exploit me.
He is not responding to my mails, and not picking my phone.
Last modified message which I got from him is that:
The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.
you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."
I am very much in tension and he is talking to me.
Can someone suggest what may be the option for me?
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knnmbd
05-05 11:58 AM
Dear admins,
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post .
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
Admin:
Can you also delete posts where there was some bashing of people with advanced degrees, just to make it fair? I think the whole thing was started by the guy (GCsucks) by addressing people who attend U.S universities as "Kids" and I agree with "yabadaba" that this is reality and we were just pointing out what the issues are. If it's a case of sour grapes then may be that guy should vent his frustration else where or easier GET HIMSELF AN ADVANCED DEGREE IN THE U.S
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post .
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
Admin:
Can you also delete posts where there was some bashing of people with advanced degrees, just to make it fair? I think the whole thing was started by the guy (GCsucks) by addressing people who attend U.S universities as "Kids" and I agree with "yabadaba" that this is reality and we were just pointing out what the issues are. If it's a case of sour grapes then may be that guy should vent his frustration else where or easier GET HIMSELF AN ADVANCED DEGREE IN THE U.S
more...
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senthil1
05-11 07:24 PM
In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
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desi3933
07-08 01:20 PM
Your perspectives go well beyond what an average immigrant thinks about the whole EB system.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
I have seen people "NOT" being themselves and do everything at workplace ONLY because their GC is pending and they do not want to have issues with employer for the sake of GC.
In my opinion, which also complements urs, the whole employment thing - if viewed from the eyes of a common man - one whose immigration status is not tied up with employer, is completely different.
I have seen people facing cultural issues, community issues and a wide range of issues - such things get masked when one's focus is on the GC process, heck leave alone GC - people struggle for even getting h1b and maintaining it.
It all comes down to priorities. If someone's aim to have GC at any cost, he/she will do everything to get to the finish line -- i.e. 180 days past I-485. In my opinion, GC process should be part of life, and it should not hijack 100% of time of highly skilled professional. No wonder, we see so many posts where person is waiting for AC-21 so as to get rid of "blood-sucking employer". For a neutral person, both employee and employer are using system to suit their needs.
Some people will go the extent of using term "slavery", whereas, actually, their thought process is slaved to the GC process.
And, employers know this very well and try to use to their advantage.
A lot of people I talk to who come fresh out of school or have 2 years of experience or so, think that they have certain skills and employers would not live without them - whereas it is THEIR struggle to maintain h1b and also work towards GC on long run. All this is nothing but lack of thought process that people must apply but will not because their primary aim is to work out a sponsor.
>> have 2 years of experience or so, think that they have certain skills and employers would not live without them
You have described it very well. I have met many of such professionals while interviewing them for jobs. But, the reality is, these same professionals are scraed of their jobs being outsourced.
Some are simple cookie cutter prgrammers and compare themselves to reasearch scientists and technologically superior.
Another thing, I have noticed is that while on H-1B, vast majority of professionals claim that they are getting paid prevaling wages, but, on the other hand, they also claim they can make upto 50% more, if they had EAD or green card. Ironic! Isn't it.
I am not blaming an employee or employer for this but this entire EB based system is set up in that way.
You are right. These are the rules set by current EB immigration system.
With this so called "exploitation" by whole Employment Based Immigrations, these professionals turn blind eye to whole thing after getting Green Card. Afterall they are, rightly, professionals.
How many times we see any green card holder or citizen supporting fellow immigrants?
H1 does not care for F1.
EAD does not care for H1/F1.
GC holder does not care for EAD/H1/F1
Citizens wonder why immigration level is so high.
Taking a quote from MTV Roadies program, each professional (roadie) is alone and has to look after his own best interests.
.
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lasvegas
02-05 10:13 AM
As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?
Thanks.
Thanks.
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SGP
11-17 04:47 PM
Sent Once again from my spouse's email ;)
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JunRN
09-12 03:58 PM
Some delay could be in the postal office and in your lawyer's mailbox...I'm a July 31st filer and already got my Receipts....it seems that the USCIS Receipting Update is true in my case, but not for others who are still waiting....
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tonyHK12
02-21 01:27 PM
Donated $50 via paypal)
thanks updated total above.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
thanks updated total above.
C'mon guys - Only about 90 have donated to this event out of an estimated 500,000 people in the queue. What is the message you're sending to Americans, including law makers about being able to work together?
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dtekkedil
07-02 11:30 PM
these things rrgood for movies not practical life. 2 days more and everyone will move on. just watch...
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
and now, here everyone comes bashing me for speaking the truth :)
Perhaps a few will move on... but there are those who have sincerely been hurt by this "bait and switch". I hope to believe that they would keep this up!
Besides, the aim is to create as much awareness as possible! If we can achieve that, half our job is done!
By the way... we don't have to give the "All the best" note in person. We can mail it! A single flower along with it will make it a little more effective.
Roger Binny
05-10 01:21 AM
GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.
H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.
Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
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 ?
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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