Tuesday, June 21, 2011

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  • lccleared
    04-01 08:10 PM
    Just sent #11 fax too





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  • GCplease
    05-09 09:58 AM
    OMG, I am truly apalled by these stories. What is DOS upto.

    Reminds me of the movie Rendition where the guy will be taken to another country and physically tortured because he is an American Citizen but born in a Muslim country and he is a chemical Engineer.

    Here in these real life stories, the physical torture is not there (Thank God), but the emotional torture is equally worse. I still cannot believe something like this can happen in this century.

    People forced to have an extended stay in their home country, forced to let go of their belongings in US, not sure if their employer will preserve his job, this is ridiculous.

    Guys, I am really sorry for you. I would suggest, a bunch of you guys join together, contribute some money and consult with an Attorney like Sheila Murthy or Rajiv Khanna and try to coordinate things through Immigration Voice because our name could carry some weight. There should be atleast 10 of you guys so that there can be the desired impact. I am sure your Employers will be backing you. Get letters from them, document your sufferings and get in touch with Senators and congressmen.

    I sincerely hope your sufferings will come to an end in the near future.

    I think, getting my visa re-stamped has become the most inhuman experience. I received my visa renewal I-797 in January 2008 and since I was visiting India in Feb 2008, I decided to get the remaining period (2 years) of my H1B visa stamped. I was not expecting any trouble since I had received my 2nd visa stamp just last year in March 2007. I thought it was impossible for the visa officer's to not have my information since I have been through the drill two times before. Unfortunately, on the Feb 11th, when I went to get my passport stamped, the Visa Officer started giving out blue handouts (this one is not even listed on the New Delhi embassy website) one after the other and sure enough to me too. She wanted to know what I did (Quality Engineer in a biotech company) and even while I was explaining she started chit chatting and laughing with her superior (I assume). Then she wanted to know about my experience of over 4 years in just three words. I was completely shocked. How could I sum up my experience in 3 words. I gave her my answer but was bluntly told to take the blue handout and send the questionnaire and resume as listed to a given email ID. I did that the next day, having no idea what I was getting into. It has been over 2 and a half months now and till date I have no idea what exactly is my fault and what is happening with my visa. The visa officer kept my and my wife's passports and I-797 form and around march 11th asked for my i-129 and other documents which I promptly gave at the embassy. Every time i have called the embassy or the DOS, I get the same response that the application is pending security check and no more details can be given. They refuse to understand that I have a life and home there and i have to pay my bills. I have lived in US for 8 years now and have also completed my master's there. Every month I have to call the utility companies, insurance company, post office and phone company to know what my bills are and have to pay them. Every two months I have to spend close to Rs 1800 to fedex checks to my friends so that they can pay my rent. I have had to cancel my flight tickets and suffered losses there. I have not even filed my tax returns for the year. My life is thrown completely out of gear and i have no idea how i will pay my rent and bills if my company decides to put me on unpaid leave or just terminates my employment. The consulates refuse to issue even a visitor visa so that we can go to US and dispose off our properties. How inhuman and arrogant can the get? How could we possibly become criminals overnight? How can they expect our employer's to retain us after such long delays (so guys have been stuck for 8 or more months)? Aren't they forcing unemployment unjustly on us without any reason if they cannot find anything wrong with our background later? What national security secrets act is preventing the phone visa specialists from disclosing exactly where we are in the process and what is stopping the progress? There are so many questions that need answers and all of us feel helpless as we continue to witness DOS destroy our credibility, careers, our credit history...almost everything that we have worked so hard to earn. How can they expect to build bridges with the world when they are hurting unjustly so many people (29 pages worth of numbers at delhi website and some 59 pages worth of numbers at the chennai website and God knows how many on other consulates worldwide. I have heard people spending some $5000 every month in Canada. This is horrible and some community organizations and law firms must talk to the DOS/Whitehouse about this issue. National Security is must but there must be better way than playing with the future of so many innocent people (99% most likely of which will have acceptable backgrounds).





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  • gc4arun
    08-05 10:45 PM
    Opened 2 SR' no response from either and Infopass tomorrow morning.





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  • nixstor
    11-16 02:59 PM
    but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
    Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
    They cannot ask it if it is illegal, and clearly this information is used in the employment process.
    So, I am not so sure this is illegal.
    I am pretty sure that discriminating on nationality is illegal, but that is different

    Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.



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  • glus
    06-20 02:49 PM
    If you can get employer verification letter stating that the position is still available for you and your salary, then file I485 yourself.

    G
    I guess most of the folks here are busy preparing to apply for 485. I have different problem here.

    My employer's attorney is charging me outrageous fees of around $5000 to
    apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.

    Do I have any other options. How much do they charge usually.





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  • beppenyc
    03-16 04:07 PM
    I have just read it.
    Did you read the Tancredo send a letter to the SJC to warn them?



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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!



    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • ash0210
    03-21 12:19 PM
    logiclife, finding 6 members in Cleveland & 6 in Coulmbus..trying to reach them. Thinking of forming 2 local groups for conveniece to meet local legislators..

    Guys from Ohio, pl respond thru pm or thru this open forum..


    This has also been sent thru newsletter. If you did not get the newsletter, then update your profile here and check to see if your email address is correct.

    Meet your Legislators:

    Immigration Voice plans to organize a nationwide meet-the-lawmaker drives in every state and every district. Two of our volunteers � Varsha and Sanjay � would be helping us to organize this. If you would like to meet with your lawmakers during this recess, then please email Varsha and Sanjay at varsha@immigrationvoice.org and sanjay@immigrationvoice.org respectively and simply put �Need Meeting Info� in the subject line of Email. They will send you all the information that you need on seeking the appointment, taking the right material with you, making a good case for reform and doing the follow-ups if necessary.

    Feel free to ask Varsha and Sanjay for any other questions that you have. They have met with their Congressmen and Senators a few times and they would be glad to help you do the same thing in your state and district.

    A Perfect Opportunity:

    This is the perfect time to meet the lawmakers, as they would be in their constituencies just before they go back to work on Immigration this spring and summer. In order to capitalize on this opportunity, it is very important that everyone meet with his or her legislators locally during this Easter recess of Congress. The members of the House will be in their districts between 2nd April and 13th April. The members of the Senate will be in their states between 2nd April and 9th April.

    Please use the time between now and the Easter recess to seek appointments to meet with your Congressmen and Senators in order to draw their attention on the need for reform in high-skills immigration.

    Thanks,
    Immigration Voice.



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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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  • eb3_nepa
    02-12 12:01 PM
    HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.

    Thank

    If you are IN the US why are you filing for CP?



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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • perm
    09-02 03:10 PM
    Akhil, can you PM the copy of the letter you sent in with your AP renewal (efile). Also what did you enter in Class of admission? how much fee did you have to pay - 305 or 385?

    Thanks in advance
    perm



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  • Sunx_2004
    07-28 03:59 PM
    I have old I 140 approval notice, Is it necessary to send the old I 140 approval while interfiling. What if the old company withdraw old I 140, How can I interfile in that situation.

    to port..the pD..u need to send in the earlier approved 140 with the new 140 that you file..
    i have read of instances when the PD was successful and few instances when it was not...
    so i am not sure..what the criteria is..
    but if you are in the same industry..PD porting should not be an issue..

    ....
    i have a feeling sooner or later PD porting may be banned by USCIS..;-)





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  • abhijitp
    01-16 01:20 AM
    Hi,

    Sent letters to WH and IV. Besides, I printed 100 copies of the original template and kept them in an Indian grocery store, with the permission from the store owner, although it took a long time to explain our situation to the owner of the shop.

    Regards,
    IK

    You get a green dot:)
    We will soon be launching a similar campaign in NorCal.
    THANK YOU!



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  • anilsal
    11-16 10:48 PM
    I am planning to move India permanently this year end,
    What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.

    Krishna, Can you say "not live *here* anymore" and not "live anymore"?

    There is the thread on 401K which is quite useful.

    Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:

    Have you looked at Canada? Anyway, Home is the best!





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  • aknynd
    12-28 11:28 AM
    Hi,

    I-140 approved - June 2006
    I-485 Filed in July 2007
    AP- Approved Oct 2007
    FP - Done in Oct 2007
    Can someone tell me how to check whether Finger Printing is cleared and case has been sent/approved from FBI Name Check



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  • jediknight
    07-16 07:37 PM
    Hate Groups Donate to Arizona Law’s Defense | Hatewatch | Southern Poverty Law Center (http://www.splcenter.org/blog/2010/07/13/hate-groups-donate-to-arizona-laws-defense/)

    I wonder what they will say when Hispanic and Black cops stop white folks and say "oops we thought they were Canadian" :D

    Russ and Beck will then start complaining of reverse racism.

    BTW, I am against illegal immigration and the way to solve is to remove quotas for legal immigration and Jail Time for employers who don't use E-Verify.

    - JK





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  • jonty_11
    05-22 03:20 PM
    more i want more of these options.....as logiclife said - THIS IS NOT A JOKE ....

    Let explore any and all options here to become illegal and qualify for a Z VISA





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  • Berkeleybee
    03-09 04:46 PM
    Report back
    On speeding up Labor certification

    When one of us said congress's intention for LC is 21-60 days, the staffer replied that was before 911. How can we make this happen and speeded up the work in PBEC/DBEC?

    The staffer also mentioned that a lot of time is spent on "background check" and mentioned it was suggested it might be better for FBI to do it. But of course the FBI had other things to do and that suggestion didn't fly.

    One of us mentioned the clogging due to 245-i. LCs could be speeded up -- if the paper work of those on the 245-1 (Apr.,25,2001) track is different from us, then could those be handled differently/ in another place to speed up our LCs in PBEC and DBEC.
    Bluekayal

    Great summary Bluekayal!

    A few points of response about congressional intent and reality and the 9-11 defense [all, you need to read our presentation to follow this discussion]

    (1) Labor Cert: Intent = 21-60 days; This stage has nothing to do with 9-11! Nothing at all! There has been no change in process here, maybe there are more applications, but that doesn't change the intent reality story. Again, they need to fund the program in order to achieve intent.

    (2) I-485/I-140: Intent = 6 months; Remember that the presidential mandate for 6 month times is a post-9-11 mandate -- CIS's own director has testified before Congress that they are trying to achieve this goal. So the 9-11 argument doesn't wash here either -- they need to fund the operation properly so that the president's mandate is satisfied.

    (3) Background checks
    (a) USCIS queries the IBIS database maintained by Customs and Border Protection (CBP)
    (b) FBI conducts a finger print check
    (c) FBI conducts a name check.

    So I don't know what she meant by FBI can do it. They already are.





    GCard_Dream
    12-13 04:31 PM
    Their way of getting here may be illegal but when the amnesty is passed every so many years and they are allowed to just adjust their status with no questions asked, they are getting their GC as legally as it can get. They also get their GC only after it's legal to do so. They don't go and print one. They get it legally.

    Again, it's the system/law that let's them do that. It's perfectly legal but they are cutting in line and that's where the problem is.

    we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?

    as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.





    xmmx10
    07-10 01:31 PM
    the best to do is ignore him. Why do you guys even see his show (I never do and and so am blissfuly unaware of this). But now that I know I feel irritated and then I realize there is no point to my irritation. Of course if he is speaking lies, I only feel sorry for those morons who dont know a thing about H-1Bs and
    fell for his lies and for others who know about H-1Bs, well they understood this idiot's story.

    What I am seeing is that since USCIS fiasco people are now more and more agitated. We all share the pain, but we need to divert our energies to something positive. Taking Lou Dobb down, will give rise to another Dou Lobb, so where does it leave us ?



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