Friday, June 24, 2011

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  • xbohdpukc
    12-03 02:42 PM
    I think the most confusion is caused by our willingness to interpret the definition of discrimination too broadly. Let's see what exactly is done here when an employer refuses a visa sponsorship for a prospective employee.

    I think no one on this forum will deny that an employment authorization H1b folks possess is limited in nature and valid only as long as the H1b recipient is working for the sponsoring employer. Should such an employee leave his sponsoring employer the employment authorization ceases to exist and a new employer must seek another employment authorization for his newly hired employee, a process commonly known as an H1b visa transfer.

    According to the Workplace Fairness website the following stands true:
    An employer should not ask about your citizenship status during a job interview. The employer can only notify you as a job applicant that, should a job be offered to you, you will be expected to provide evidence that you are legally entitled to work in the US within the first three days of starting work. The employer should say this to every job candidate, as saying this selectively may be illegal discrimination.
    The only valid question during an interview or as a part of a pre-screen process could be "Are you authorized to work for any employer in this country?" This question will NOT constitute any discrimination, as per the law employers have to verify the work authorization status of all new hires by the way of I-9 form filing within 3 day period after employment commencement.
    NO H1b person can answer YES to this question, therefore an employer has a right to refuse employment to any such applicant. Employer's willingness to apply for a visa transfer is a pure good will and no employer can be forced to do so under the current law.
    As for the insurance, banking, etc., the decision to extend such services is always based on the risk assessment. You might argue that an H1b holder does not represent a greater risk for a US lender (insurer) than an ordinary US citizen. I am sure that all these insurance companies have their own studies somewhere which prove that people with no permanent status in the country represent a greater risk for their business, than those who possess such status. Providing that there are some stories about H1b workers who maxed out their credit lines, abandoned their houses and fled the country after being laid off, I do not think that any court in this country would side with non-immigrants on this matter.

    But we can always keep complaining on here how badly treated and unprotected we are.





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  • h1b_forever
    05-18 12:08 PM
    In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
    Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.

    I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.

    I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.





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  • anda007
    07-07 02:23 AM
    Nothing against IV. I really think, that they are doin a great job

    But why do u have to care about whether IV endorses this or not. If you think this is a great idea, go ahead and send the flowers urself.
    I know alot of my friends, who do not care or know about IV, but have got the email chain and sent flowers on their own
    So Don't make excuses. Send it on you own


    It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.





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  • bkam
    04-12 08:25 PM
    Stucklabor,

    As I said, this was just a hint. Point for discussion in case our amendments do not pass. And there is a precedent which can be used as a leverage. You know the principles of the "brain storm" problem resolution - throw several wild ideas and if at least one of them works, the goal is achieved.

    If the amendments pass, forget for this idea.



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  • harsh
    01-02 11:13 AM
    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.


    I would follow the advise of your immigration attorney on this one. Sometimes they ask for pay stubs, sometimes they do not. So I would follow what your attorney advises on you. Normally USCIS will not ask for W2's. However an embassy will, when you go for stamping. They will ask for W2 and your tax returns to verify if you got paid whatever is written on your application as your salary.





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  • seahawks
    03-30 01:47 AM
    I am trying to get more people from WA state to join me in meeting with lawmakers. My wife has posted more information in some communities and intend s to post more.

    http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4

    I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.



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  • leo2606
    01-04 06:46 AM
    :D:D:D That's funny.

    Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

    Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).





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  • red200
    11-25 04:34 PM
    IV thanks for the Info. Hopefully the dates will move forward



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  • spicy_guy
    11-04 01:29 PM
    For those of you celebrating the defeat of Democrats because they sabotaged CIR due to the "path to citizenship" it's time to get real. Conservatives (both Dems and Repubs) are more than comfortable shutting the door to ALL immigrants. Don't fall into the trap of anti-immigrant legislators, don't let them turn this into a wedge issue.

    I agree with this 110%. Reps are more conservative. They don't want any non-american in this country. They would just say "GC or what.. Get the hell outta here".

    Turning on the undocumented is not what we want to show to the outside, it is a losing proposition and will turn off the public.

    As to what to do now, I'm puzzled. CIR is effectively dead in the US House, probably the Senate as well. The voters said loud and clear this week that they want the focus to be on JOBS not anything else like grandiose immigration legislation.

    What to do now? Looks like another 2 years tacked on to the wait from my perspective :/
    Another 2 years., and another year after and an year after... come on guys....





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  • webm
    10-24 03:27 PM
    Thanks for the pointers.

    In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.

    To answer another question from another poster, yes, I have been with the same company since 2001.

    Sorry! to hear about RFE..I hope your RFE is simple to answer...

    Let us know more details if you get it.

    goodluck!!!



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  • diptam
    06-07 12:12 PM
    Hi ,
    I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.

    "
    Current Status: Case received and pending.

    On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
    "

    looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.

    Thanks.

    I sent all papers in APRIL but the company lawyers filed LATE and USCIS gave the receive date as MAY 16th.... (They might have mailed May 13th or 14th and kept on bluffing ... )

    If May 15th is the cut off date - guys like you and me are the worst sufferers... But who knows if the MBS will turnout to be better than the Old system ??

    If this BILL becomes LAW we have to apply in MBS immediatly so that we do not get BACKLOGGED there too ....





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  • indianindian2006
    08-22 09:31 PM
    Starting July 16th, 2007, labor certification has a 60 day validity period. Meaning, a I-140 petition needs to be filed within 60 days from labor approval date....If immigrant visa numbers are unavailable (dates retrogressed), you wont be able to file your I-140/I-485 concurrently but you can file your I-140 petition irrespective of your priority date as long as you have a labor approved. You dont have to apply for your labor again and again....Its just that, once you get your I-140 approved, you will have to wait for dates to become current to file I-485...

    Looks like this needs correction.Labors expire after 180 days from approval date after July 16th.

    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf
    Read on page 4



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  • werc
    04-11 01:02 PM
    The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.

    Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands ,it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.

    ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.





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  • desighee
    01-04 02:47 PM
    since the guy is already used to having two wives it won't be that hard to have thrid wife for a change.Hence I suggest don't bring anyone of them here for sometime.Get married here to a US citizen, then divorce her after you get your GC.Atlease this unique situation has something good to offer.



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  • Kitiara
    02-05 05:10 AM
    Wow, I've got three votes now... :)
    Love the castle, and the background work for it.. Kinda looks like one of those Aztec Mayan thingers you see in the mountains or whatever Thank you very much... It's actually a castle from here in England, near Gloucester. Used to go up around there on holiday when I was a kid, and I had some old holiday snaps.

    There's lots of ruined castles round here (there's one 15 minutes from where I live in fact, called Rochester Castle) so I wanted to draw one of those, do something a bit different.

    But Soul and Eilsoe are in a whole new league with their pixel art. :)





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  • qplearn
    12-12 01:28 PM
    EMPLOYMENT: Demand for numbers in the Employment Third “Other Workers” category, as well as the China and India Employment Second preference categories, has been escalating. No movement in those cut-off dates will be possible until the current level of demand subsides.

    Thanks for your post. It does look like EB2 India and EB3 Other Workers will remain where they are. The point to be noted is that EB3 India was not commented upon i.e. EB3 Other Workers is different from EB3 India or EB3 ROW. I don't want to commit the deadly sin of predicting but there is hope that EB3 India might move albeit slowly :p
    Yes that's true. Wonder why the "current" level of demand for EB2 India is higher than that for EB3 India.

    BTW, current for USCIS means you have to do significant travel in time backwards. :)



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  • El_Guapo
    04-13 06:28 PM
    While it seems like a great initiative - lets take a step back and examine the "materiality" of the $5MM number........

    1. Annual budget of a typical State Univ is upwards of $1Bn.
    2. $5MM can pay for college education of say, 100 kids (only about 50 if you include living expenses)

    So, what the message that would go out in media would actually read like is the following:

    "100,000 green card applicants trying to buy their way to US Residency by sponsoring 100 kids' college education and/or contributing 0.2% of Ohio State University's Annual Budget"

    To the average American worker who has lost his/her job or knows someone close who has - this would, in my mind, seem like a bribe........and make them anti-EB if they already were not.........

    All immigrant and non-immigrant workers do their fair share for this country by paying their taxes and abiding by the laws of the land + they pay significant fees during their entire H1 and GC process- a proposal that involves them shelling out any more $$s would only create a sense that we are trying to buy our way in plus its not really fair on the applicants in any way.


    Well, you are missing the most important point - Illegal immigrant's probably don't care about the future of the country's educational direction. Family based immigrants don't care either. However WE are EB immigrants and we value education and that is exactly what we demonstrate by doing this. We should not be looking to fund hundreds of thousands of student's college education - heck even the mighty US government cannot do that. We are not a political organization. The way this will go out in the media is - these guys could have used the money to lobby with senators or other congressmen, instead, they choose to use it for a good cause. This is highly symbolic. And the key here is to involve the first lady. The moment you involve the first lady, it become apolitical.

    Oh, and btw, we are not buying our way into a GC. Nowhere did I mention that. We, EB immigrants value education and hence want to donate for an educational charity/cause. We don't expect a GC by doing this - this is highly symbolic; however if the Obama administration takes up CIR this year and we start this campaign and this happens to go to the first lady and gain media attention at the right time, perhaps the administration would include legal immigration in the CIR which would have otherwise not been included.

    Timing is critical to this. If we gain media attention a few weeks before CIR comes up for debate, we might have Legal, EB Immigration included into it. And CIR this year is our only chance and hope and if EB immigration is not considered parts of CIR, then we might as well kiss our GCs good bye.





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  • shana04
    02-12 03:39 PM
    I had the same soft LUD on all my cases after AC21 letter was filed. No FP yet.

    Good to hear atleast some one is onthe same boat





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  • Winner
    01-04 02:45 PM
    I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D

    Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)





    aroranuj
    04-15 08:57 PM
    Hello All,

    I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.

    "A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.

    Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.

    However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"

    Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.





    h1bmajdoor
    09-03 09:50 AM
    To go one step further on your point, the whole world should have a better understanding and expectation of employment-based immigration to America. When the fact is out, it is really up to the indivdual to make an informed decision without complainting.

    here is the reality:

    you came here thinking they will love you because of your math skills.

    what actually happened: they took all the credit, and 10-15 years of your career without letting you progress.

    we got screwed, plain and simple, by the dreams they showed us. we did not read the fine print. that is why we are half lawyers now.

    make sure you teach your children to read the fine print. and try to gauge the intentions of those who are showing you dreams.

    this is the same country which talked of equality and fraternity of man and then quietly removed colored people from the definition of humans, and legally accepted slavery.



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