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  • pmb76
    07-16 12:00 AM
    "You successfully signed Lou Dobbs' show spreading misinformation on Highly Skilled H1-B workers. petition.

    Petition owner will manually approve your signatures."

    ## The above is the return message - who is this Petition Owner ??

    Thanks

    I'm the petition owner.





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  • ilikekilo
    04-09 01:33 PM
    How do I find out if there has been a Soft LUD? I have an online account on uscis.gov and the "Last Updated" fields are all in 2007 (when I filed my AOS).

    that answers ur question..if that the last date u see thats the last LUD





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  • Gravitation
    07-12 11:52 AM
    The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).

    BTW, where did you hear that RoW will be current and the rest will be "U"?





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  • dpp
    11-07 02:12 PM
    I don't think H1B is law is that complex, it just says to get some skilled foreigner to work if you have a position (contracter/fultime/parttime or whatever it is) to pay for that. Thats it. So any US employer can apply for H1B by declaring his will pay the wage mentioned in H1B LCA.

    H1B law too broad. It didn't filter any. Thats the reason some are abusing it.


    To the best of my knowledge (correct me if I am wrong) H-1B can not be applied for contract worker if the visa has to be applied on demand and bench is not allowed.

    How will contract wokers come here in the future?



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  • Meghna
    07-17 02:42 PM
    I understand DREAM act is not related to EB issues. What I meant was, just like how DREAM act is being added to an unrelated bill, we should work on adding things like 'unlimited STEM visas' and 'recapture unused numbers' to other bills and get them passed.


    IV core will need lot of support to do accomplish this, hope at least some of the folks who got into IV because of the july fiasco contribute funds.

    We should talk to the senators...and contribute funds
    Lets ask 1v if its ready for the challenge to lobby for the unused visa numbers.





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  • minimalist
    03-31 12:53 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    Kepp up the good work.



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  • amitga
    01-29 10:05 PM
    People cannot pay $20 in immigration voice, but they are willing to pay $10K for sub labor.

    Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.





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  • carbon
    09-13 03:42 PM
    This might sound weired..but I think we can get some support from Housing Market !
    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 300000 (average house price) = 150 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY
    Edit/Delete Message



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  • pappu
    04-19 03:09 PM
    Actually I know someone who got it even faster.

    This Pakistani guy came to the US in 2004 fresh off boat to do Masters. Completed Masters by mid 2005, immediately landed job at MS, they started his GC immediately in EB2 ROW and by end of 2005 he had GC in hand. It was ridiculous.

    This is truly unfair where country of birth determined who gets an 'Employment' based greencard before someone else. It can only be fixed by eliminating per-country limits.





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  • dotnetguru
    07-02 04:35 PM
    I could not help but to post all my research. i myself recovered money successfully from ex employer.now i am 100% confident that i can handle all claims(only when i am right and have proper documentation) without a lawyer.never file a case in first step.this is how one can go.....
    1) complain to State DOL (not federal dol) with the one page filled form and required documents.i faxed the form at 9pm in the night and next morning at 8:30 am i got a call from the investigator to verify my complaint.i said yes.by afternoon he called the employer and asked abt the complaint.at that time my state had only 2 investigators for whole state but see the quick response.i asked investigator how he is going to proceed.he said over 80% are solved on phone.this is how they do it.the investigator calls employer and says i received complaint like this and do u accept or not.if u do not accept we have to come to ur office and look at all the records.if we find more violations we will issue 100$(my state had this fee) for each violation.if u accept u have to pay 100$ for this violation....take a guess what the employer says....by next day afternoon investigation was done.then state dol sends violation notice to employer and employer pays that.after 1 week i got complete documents of the investigation and a letter saying this will help in ur civil case to recover money.
    2) i waited for some time to give my employer time if he is going to give my money.but i did not get.next thing i did is went to federal dol Wage and hour(W&H) office which was near to my home.u have to remember federal dol w&H works different from state dol.state dol investigates and imposes fine etc and sends all the resulting documents to u.federal dol w&h takes the complaint and works to settle the wages between u and employer.for my case employer was willing to pay 5 times less than what i was supposed to get.dol w&h called me and said r u willing to settle for this amount.i said no and i will go to court.again i got the documents after 2 or 3 days.
    3) here u have option to go to court to file a civil case or complain to ICE.ICE is little serious thing and i thought i will do that if i run out all my options.
    4) filing a civil case in small claims court is very easy if u follow right steps.u have to know company exact info as per secretary of state filing. search secretary of state "ur state" in google and u will get ur state secretary of state web site. search the company name and find ur exact company name,agent name and address.
    also,u have to file in the same county where ur employer is in or if ur employer is out of state u might file where u r working(some like that).i would ask the clerk whether i can file this case here.if its wrong county,ur case disposition will be rejected.u will waste fees and u have to file again in right county.even though i found all the info and asked the clerk 5 times,she told me the wrong info.ofcourse i recovered that money too.each state has limit on small claims court.mine was like 7000$ and 7500$ was the limit. as per the law if u did not get ur salary within 48hrs or the next pay date of the company u r entitled to get 3 times what u r owed.u need to write a letter saying why u r filing and how much u want.this letter is very important and write what documents proof u have.i wrote dol investigation was already done and i have all the documents proof and hence i am claiming 21,000$ as per the law.since small claims court has 7500$ limited, judge will give u 7500$ when u win the case.after filing the case employer will have 30 days and mine was settled out of court for the full amount he owed including the court costs.if the amount is more than small claims court amount u can file in appeals court.u can defend ur self and no need of attorney as DOL already completed investigation successfully in favor of u.there is no way employer can deny the dol investigation results.
    5) if going to court is too intimidating go for ICE and ice does all the work for u.but ICE is a very serious organization and u know the rest.....
    do not communicate with the employer by phone or by in person.if u want, communicate thru e-mail as there will be proof and be very courteous,professional as if u r the victim.keep all the e-mails and replies if at all u go to court and show the judge.judges always gives benefit of doubt to employee in these cases and to tenants in landlord-tenant cases regarding lease,deposits etc.
    the negative thing abt going to court in the first step is u do not have proof that ur employer did not give checks.usually employers run the pay roll regularly but they do not give u the checks.they save all those checks with the right date when u were supposed to get but they do not give.when u go to the court in first step what they do is show copies of those checks and tell the judge i gave the checks on time and u did not deposit.the burden is on the employee to deposit the checks on right time.so,basically u r screwed at that time.all these employers know that.that is why u have to be calm and diligent so that u do not do this silly mistake.
    this is how i went and i read a lot on the internet before doing.hope this helps.please do research and act accordingly as each case may differ...
    I am not an attorney...i am just an immigrant stuck in GC Q like u guys....



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  • Nickjr
    09-24 11:32 AM
    [QUOTE=gcformeornot;292719]http://boards.immigration.com/showthread.php?t=286606 :mad::mad:





    --------------------------------------------------------------------------
    We are all protected under first amendment (freedom of speech) so one is free to express their opinions. However I must say that IV never promises to come and get quick solution.Per my understanding it offers members to come share experience decide on stragtegy and with colloborative effort we can surely make a difference.Now if IV is not able to desired result which emans we asa member are not playing our part which we were expected to play.

    Its really easy to blame but it takes really hard to come up with solution. If the author of the above post has some plan of action he/she could share in thsi forum. Again assigning dots is individual choice IN admin never assign points good anology would be when you speak to group of people some people like it some may diagree so why to blame IV..

    Guys lets appreciate efforts of IV .Blame game can never be a solution.

    Cheers





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  • buddyinsd
    03-29 03:19 AM
    First off, any DOL complaint don't need u to be here to continue with the investigation. The way it works is, u tell them ur entire story and leave. They'd take their time to investigate using all the documentation u'd have provided them, and in the end if ur employer was found guilty, they might still let him off the hook giving him a warning. There's really no guarantee that ur employer wud be found at fault unless they find more employees lodge complaints against him. U might be the only one.

    Anyhow, u can give it a shot and see what happens as u have nothing to lose. I know that ppl hv tried this b4 without much luck. Employers hire attorneys to save them from such situations. Ur employer closing down shutters is a far fetched thought...just saying...US laws are quite tricky.

    H1 transfer at this point may not really work for u as u dont hv paystubs. Sorry, its a bad situation to be in. I understand u paid from ur pockets to come here and it sucks - Good luck!

    @Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

    I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

    Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

    Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?



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  • WaldenPond
    11-13 04:11 PM
    WaldenPond,

    Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......

    Friends ,
    I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..


    Hello anurakt,

    Thank for contributing again to IV. You and other members like yourself would be the reason for IVs success in changing the flawed green card system.

    Thank you for encouraging other IV members for contributing. As you know, this is very important and more amongst us should encourage our fellow IV members to contribute. Often times it is evident that few IV members are struggling to keep a positive tone on the forums. As you may have experienced, it is easy to post few messages here and there. The message of some of these posts is to throw out ideas for others to implement. But in the end, the success of our community will depend on the contribution from kind members like you. Thank You.

    Regards,
    WaldenPond





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  • Macaca
    11-07 01:17 PM
    There are companies with H-1B workers who are so-called ``on the bench,'' meaning they are ready to be deployed to a project. Hundreds of foreign workers are standing by waiting for work.


    ... for they know that they don't have to pay people on bench, even though by law they are supposed to ...

    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.



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  • kumsoft
    07-26 07:05 PM
    2006 PD filers dont worry abt spouse 485. Your PD would become available only after couple of years. My PD is Sept 2005 and I dont anticipate to get my GC within 2yrs. For reference look at the PERM data that is published, you would get a good idea.





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  • orangutan
    10-04 03:55 PM
    Let me guess, Hmmmmmmmmm.

    Yeah you are getting holistic treatment for your sadism.:D:D


    i have a fan following...yay
    and i will keep writing "lower case i" coz it bothers you so much :D:D:D

    Guess what the latest news is :D:D:D



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  • sathyaraj
    11-09 04:30 PM
    Driving License should not be a problem as these days the rules have been relaxed dramatically. In NY they give license for 5 yrs irrespective of ur I-94 date. Also it depends on how many yrs you have left with H1B.

    In some states they are even planning to give for illegal immigrants. As legal immigrants we can renew Driving license. But it is a valid point for unmarried, as they have to keep it active until they bring their spouse to USA.

    Correct. It is a valid concern for unmarried :)
    DMV in different states treats immigrants differently. No uniform policy. Interestingly I was discussing this with a friend of mine and he took his EAD/AP to the DMV and was expecting to get the DL valid for the period of EAD, but the officer insisted he get the I485 receipt and gave the validity like every body else because he is in AOS(I guess 5 years). That was a pleasant surprise for him.





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  • surendraz
    06-15 06:22 PM
    Thanks for the information sharing that has been triggered by the marvelous move by INS by making the dates current....

    This may be a rudimentary question, before I ask this Q to my attorney, I wanted to get some information from the public who are in the same boat as I am...

    My PD is Dec 2005. I have 2 more years of valid H1B visa time.

    Lets assume that I apply for my 485 in a month or two and that I get my EAD by november. I hunt for my "right" partner and get married after november and I plan to get bring her to US of A... here are my Q's

    1) Is my H1 going to be valid after I get my EAD approved?
    2) Do I "have" to use my EAD card and discard my H1 at all? Can I travel back and forth to India on my H1 even after I have my EAD?

    3) Suppose that I bring my wife on a valid H4 through my H1 (even though I have my EAD - I am assuming that for question #1 & #2, the answer is 'YES')
    I can file her I485 as long as the dates are current (or current to my PD atleast). Now, in a case if the dates are not current, I can still have my H1 in a valid state so that my wife's status is not in jeopardy.... Now the big question is .... if my I485 gets approved without my priority dates getting current to my PD, what would be status of my wife?? Can this ever be possible?


    The gist of all my Q's is... can I maintain my H1 status and use that to bring my wife on H4 even though I have my EAD approved? Does having a EAD card pose any additional queries at port of entry and the american consulate when I apply for H4???





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  • bigboy007
    07-18 02:27 PM
    i called a couple of times spoke to Inf officer at NSC ,

    && she told she was not aware of cases where NSC has created rejection letters and sent them also she added they just completed june filers and will be starting to proceed with JULY .

    Now reg. my processing times:

    Applied Jun 30
    Receipt Jul 2 9:54 : FedEx
    status : On Hold ?
    Checks : Not cashed Yet

    She also adviced most probably i should receive some kind of communication before end of july !!





    logiclife
    02-05 04:46 PM
    Before this thread takes a turn where supporters and opponents of this idea start another forum war, let me say this clearly:

    IV is not going to adopt this as an agenda item. The reason is quite simple: H4s not being able to work is low on priority of problems that need to be fixed in order to mitigate retrogression or other consequences of retrogression.

    And frankly, we do not have extra kind of support to add new agenda items on our list.

    A whopping 200 people signed up for recurring contributions of $20 per month. Out of 8000 people who registered here and got emails about it. However, almost every week, there is no shortage of new ideas and no shortage of opinions on those new ideas from people.

    We get $20 deposits each month from 200 people. But as far as opinions are concerned, we get hundreds of them each week. How nice? I wish we had some machine to convert those opinions into dollars.

    If you dont agree:

    Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.

    And this thread has all the features and ingredients neccesary to become a forum war. If that happens this thread will be deleted.





    yabadaba
    11-13 06:36 AM
    http://transcripts.cnn.com/TRANSCRIPTS/0611/12/le.01.html

    BLITZER: We heard Josh Bolten, the White House chief of staff, Senator Specter, say one of the first priorities on the president's legislative calendar with the new Congress will be comprehensive immigration reform, including a guest worker program, and some sort of path toward citizenship for the 12 million or so illegal immigrants in this country right now. You've supported the president on this. Senator Schumer, I believe you've supported the president on this. Is this likely to be the first major piece of new legislation that both parties will work on and get through? Senator Specter, first to you.

    SPECTER: Let's not wait. We're going back into session tomorrow. We've passed a comprehensive bill in the Senate. The House passed one on border control, and border control is indispensable, but it's not the end of the process.

    I have a call in to Chairman Sensenbrenner. He's still the chairman. I'm still the chairman. We'll be in for at least a couple of weeks. Let's get it done now. No reason not to move ahead with guest worker. Conservative Speaker Hastert is for the it. The president is for it.

    We have to deal with the 11 million undocumented immigrants. No amnesty. But we can work it out, and we ought to do it now. If we wait until next year, January will turn into February, and February will turn into March. And it will be midyear at best before anything is done.

    BLITZER: All right, we unfortunately have to leave it right there. Senator Specter, thanks very much. Senator Schumer...



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