Thursday, June 23, 2011

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  • Mayday
    03-30 07:49 PM
    I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.

    The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:

    Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.

    If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.

    If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).

    If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.

    Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.

    So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.





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  • PavanV
    05-14 12:17 PM
    Great Dude,

    Kudos for voicing your opinion !, its upto every individual to choice his/her path, currently their is sheep herding mentality going on (you know what i mean ;)

    I have been in this country since 2000, no GC yet, as a matter of fact if my company does not apply for labour in a couple of months , i am sure to go home, my company has said it would apply, but is taking forever. In hindsight, i feel i should have never left India, i have lost on my career development, lost some of my dignity, and feel that i am treated as a 2nd class citizen.

    I have decided the GC is for a chosen few ;), not for everybody, I guess i am a coward (whatever that means ?), I prefer to exhuast my H1 and go back Home with some dignity and self respect. It's like this, US is like a mansion (or rather appears to be) , i asked the owner if i could get in, he said OK, i asked the owner if i can stay longer and be here (GC), the owner said he would think about it, now the owner 'OWN's' me, since i have stayed in the mansion for quite long, I am used to the comforts, and not sure if i want to leave or fight the slave trader. I for one, refuse to be labelled, bonded, and treated as 2nd class citizen. I am off to my birth country, and for me its the greatest country, ever on the face of the earth, and i really feel sorry for abandoning it.





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  • smisachu
    08-04 04:42 PM
    See what I mean. More than stat-arb, the HFT programs keep looking for pattrens in order flow and front run them. Thats why you have lattice trading and when a fund wants to sell a big block, they dont even go to the exchanges. they pick up the phone and call someone "upstairs"


    SEC moving toward banning flash orders - Yahoo! Finance (http://finance.yahoo.com/news/SEC-moving-toward-banning-apf-1986666746.html?x=0&sec=topStories&pos=2&asset=&ccode=)





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  • little_willy
    08-12 07:53 PM
    I think some of our members put the votes in wrong place.

    For Eg : for "Before Nov 01 2002" right now the number of votes are 24 click on 24 you will see which user voted for "Before Nov 01 2002 now check for couple of users for their Labour Approval Date some have labour approval dates of 2006 and 2007
    That is labor Approval Date and not their Priority Date



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  • waiting_4_gc
    07-18 12:24 PM
    Filed on July,3rd,
    USCIS received on July,5th.

    I checked with my attorney, they didnt receive my application back from USCIS; Not sure i should worry about it.





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  • superdoc
    08-14 12:26 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
    To all the guys bashing chankaya...

    I know there are some EB3 folks who could have qualified as ED 2 and some EB 2's who could have qualified as EB 1 ..like myself. I am EB2 but if would have taken the initiative could have made it to EB 1

    Also there are folks like my friend who is EB3 with US masters who should be EB 2. His employer sold his EB 2 labour and just substituted his labor.

    Yes there are folks like that. Also many have the opportunity to port but they don't. Overall the majority of EB 3 are EB 3 because their qualification doesnot meet EB 2 or they didnot take the initiative to go to a higher level.

    BY far most people are in the category they should be IN !

    I can also crib about why I did not try EB 1 till the CIWS come home with no avail..No pun intended for anyone



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  • pd_recapturing
    03-26 09:45 PM
    I am seeing only ppl who have applied in NSC are getting LUDs. TSC ppl r not seeing any activity online. Is there anything wrong with TSC online system?





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  • eswaraprasad73
    02-07 03:04 PM
    I have valid H1B visa in my passport. Can I travel via london to india.
    Can you please tell me what restrictions we have when we travel thru london.
    Do we need to take Transit visa inorder to travel via london?



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  • invincibleasian
    01-31 12:33 PM
    1)all lc's irrelevant of when they were approved have a 45 day life after rule gets published. within 45 days the lc has to be used.
    2)Since there is no more substitution all lcs not used by the orignal applicant are dead after 45 days.
    3)all substituion applications which do not have approved i140 are also dead at the time the rule is published.

    This is what i have inferred and i may be wrong! Anyway no more cutting ahead in the queue or sale of lcs also no use anymore for i140 revoking for the employer!! Cheers for this rule!





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  • trueguy
    08-13 12:19 PM
    I think we should emphasize HR 5882 and write to:

    1. The President ASAP
    2. Immigration Subcommittee
    3. All CHC members

    The intention is to bring this bill to the floor this year and make sure it is passed.

    I think people with PD 2001, 2002 and 2003 should definitely write as they have a better case than the 2006 or 2007 filers.

    This is our last opportunity this year to let go.

    Absolutely, we should write letter to all the authority and make sure HR5882 is passed this year. Do we have any letter format ready? I will send out today itself if we have the letter ready.



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  • chicago60607
    09-17 11:23 AM
    main person Zoe Lofgren is seated





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  • nogc_noproblem
    03-13 01:17 PM
    Awesome

    Folks,
    This my copyright and very much pertain to our situation:
    *********************
    I left my world in search of prosperity
    The prosperity is taking an eternity
    My struggle is long and daunting
    Making it more and more frustrating

    Life at times seems uncontrollable
    Flowing with the time unstoppable
    Graying hairs testify for the feeling
    Fat belly making me further unappealing

    Sometimes I think of going back
    Try to gather the courage that I lack
    But the world I left is not the same any more.
    And the world I am in, has lost its lure.

    I am on the crossroad of my life
    One is forward, one is left and other is right.
    I don�t like the choices shown
    May be I would have to create a world of my own

    ***************
    Thanks



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  • realizeit
    08-14 10:20 AM
    Mr chaanakya, You may find this as a personal attack! But it is not. This is an attack on your thought process!

    You claim that you received a PHD. But I seriously doubt whether the university that decorated you with a PHD evaluated your ability to think rationally and ability to reason!

    Normally with education people achieve wisdom, knowledge, ability for rational thinking, ability to reason, humility, compassion and a better understanding of the functioning of the world.

    I am not saying you do not have the right to complain or right to protest. You have and you definitely should have. But the approach that you have taken is the wrong one! In your post you criticize about people lamenting their plight! In reality, you are also doing the same, Am I correct?

    If you are a real PHD, just go through the following post that you presented and analyze how you can improve that to make it a product from a REAL PHD!

    If such an educated guy like you can become an opportunist, how you can expect higher standards from lesser mortals!

    In another post you said that you were eligible for EB1 and couldn't go through that rout, are you lamenting here? If you are well qualified, why didn't you go through that rout?

    You said:

    "You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job."

    In the same token, Why you are not trying to achieve a suitable job at a suitable firm which will apply your GC in EB1? You have all the opportunities for that, right? Why can't you achieve a Nobel prize and obtain GC in a split second? Who is stopping you?

    Just because, you did your masters and PHD from here, does that make you special? What about a guy who obtained Masters from G Britain? - Is he ineligible? Would you prefer special treatment over him? The point is, when you came here, you swore that you do not have any intention to immigrate, and you just have intentions to study and return to your home country - Try to remember, you did that in your F1 visa application form. So, my friend, nothing gives you a right to be here or to get GC. It is a privilege.

    You need to understand one thing: Each person has different skills, living circumstances, responsibilities, and different type of blessing from the almighty. So, don't measure everyone with the same yard stick that you are using to measure and don't use your own selfmade standards.

    If undocumented immigrants where also competing with you for a GC spot, you would have said, they also have the same opportunity here, why they are not taking masters and PHD to get their GCs sooner?

    In reality, some are fortunate to reach your level, but not everyone! But that doesn't make them ineligible for the Pursuit of Happiness and Pursuit of a better life!

    If you do have a real PHD, you should lead, you should be a role model for many and propel your energy in the positive direction instead of a stupid post like this! You can work to make things better in this country!

    My point is, work hard and lead to improve the immigration related laws and procedures!

    Last point I would like to mention: Dear friend, Just education alone will not make you a better person or a person with wisdom. Try to learn from life, lives of others, problems of others! I think, if you try, you can understand this better than me, because you have better education!

    And please, don't speak for me: I am an EB2 Masters category guy.


    Last message to all folks who express their feelings through red dots: Think before you act! Provide the real reason why you are giving a red dot. Don't just allow your emotions to control you.






    Yes, that is right, I said “plight of EB2-India”.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as “oh..i am a poor EB3 waiting for n number of years” etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to “my career is over because my gc is delayed” are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven’t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!





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  • gjoe
    12-03 10:16 AM
    The $5 fee is for giving someone a negative rep point and not for wrong answers

    Paid membership irrespective of the amount of payment will drive away the people. With all dues respect to IV, there are defintely other places where you can get good(if not better) information for free.
    Strength of online communities is always the members...the higher the members the better.

    Having said that, I kind of disagree with the punishing the wrong answers with a $5.00...most of the answers in these forums are people experiences and they are not legal professionals. People will not be able to share the experiences openly/freely. I think, it's the responsibility of the questioner to pick the right answer and donate for the value that he/she deems the question is worth.

    My thoughts...anyways..



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  • calgirl
    06-14 01:15 PM
    Can I take Infopass to find this info or is there a number I can call?
    Been soo long that I have forgotten how to do this..

    Thanks.

    I hadn't heard about the new Memo..
    Last I checked, I had namecheck pending too and it was pending for more than 6 months..

    I can take up an Infopass to find out if its still pending.
    If it is pending for more than 2 yrs, what are the next steps?
    (Obviously 485 won't get approved if name check is pending)





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  • waitingGC
    01-30 09:15 AM
    Office of management and budget...yes they will

    once the rule is published in the federal register and ppl have commented on it...its pretty much set to go

    Is it already published in the federal register? Where can we comment on it? We should all go to say some good things about it.



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  • Ramba
    04-28 06:11 PM
    Don't let lack of knowledge and fear of oppression take over your "thought process".

    AC21 is a public law - 106-313 .

    AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.

    The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.

    The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....

    So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves

    AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.

    Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.

    In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.

    I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.





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  • somegchuh
    07-27 04:04 PM
    I am seriously thinking of PMP. If I don't do that I think I will have nothing to show even if I do get GC (which seems unlikely at the moment).

    somegchuh..yeah...let's go get ourself a PMP cert???? Maybe we (and others who are interested) can start a PMP study group and get it done soon!!! Then by the time we all get our GC, we can work as a PM making at least 150K a year? Sounds good??? :D (sigh..trying to humor myself in such depressing moment!)

    va_labor2002...good for u man..made 100K on ur old house! I wish..I wish....!





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  • logiclife
    02-13 07:18 PM
    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.

    Before you ladies jump on me with your (p)curses for personal attacks, read on.

    IV needs to figure out other ways to generate cash if it thinks that would help. One way would be advertising on the site. I think IV has built this website well and it is an asset it needs to use NOW. I believe IV can charge up to $10,000 a day for advertising on the website. That would be $300,000/month or $3.6 million a year. Even $3000/day would result in over $1 million. That should not be very difficult to do.

    A lot of people told us in Jan 2006, that IV will not survive. A lot of people thought that we wont be able to cross $10,000 mark. That includes myself. I did not think we would come this far in first week of Jan 2006. I hadnt met anyone else in core in person. I didnt know CIR will not pass in 2006.

    Things turned out pretty good as you can see, as far as support, membership and contributions go.

    As far as ads are concerned, I dont think we can generate more than 2000 a month in advertisement and its not worth it making the site look like a commercial outlet rather than a non-profit grassroots advocacy site.





    Maniaci
    06-08 03:18 PM
    I say end it asap. Unless someone has an amazing design in the works that will take a while, there is no use to keep goin imo heh.





    eb3India
    03-08 06:45 PM
    So I am assuming we have a way to track who they are. Why don't we tag them - on the colored button on the top right, saying something like "xxx doesnot want to contribute but has posted 239 messages" and let people decide whether to read or ignore his message.

    I like the idea but we should tag members who are contributing



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