Sunday, July 3, 2011

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  • logiclife
    12-13 03:23 PM
    Hi,
    I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.

    I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.

    I want to know :

    1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.

    2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?

    3. Is it possible for this employer to directly file my I-140 against this approved labor...?

    4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)

    5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?

    Please let me know as much as info/ guidance you can provide to me.

    Great thanks in advance for all of your help.

    -------------------------------------------


    Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.

    For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.

    Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.

    Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.





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  • eilsoe
    02-03 05:25 AM
    that smilie says it all :P





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  • beppenyc
    03-16 04:25 PM
    http://www.denverpost.com/nationworld/ci_3609151

    Tancredo, 70 lawmakers strike out at guest-worker plan
    By Anne C. Mulkern

    U.S. Rep. Tom Tancredo, R-Colo. (AP)

    Washington - Colorado's Rep. Tom Tancredo and 70 other U.S. representatives sent a letter today to a Senate committee, warning that legislation it's considering allowing illegal immigrants to work legally in the country will hit a roadblock if it comes back to the House.

    The Senate's Judiciary Committee for the last two weeks has been debating an immigration reform bill that includes what's being called a “guest worker” program, something President Bush said he wants.

    “We are concerned that some of these proposals are fundamentally incompatible with the desire of the American public for real immigration reform and their clear opposition to reform proposals that amount to little more than thinly disguised attempts to provide amnesty," the House members said in the letter.

    “If the Senate were to pass such a proposal, we believe it would doom any chance of a real reform bill reaching the president's desk this year.

    Tancredo, R-Littleton, and the other 70 lawmakers were part of a group that led the passage of a bill in the House that imposes new border security measures, including increasing penalties for being in the country illegally.
    The House bill does not include a guest-worker provision. The group considers allowing illegal immigrants to stay in the country legally a form of amnesty.

    “Rewarding persons who have broken the law with an advantage that they would not otherwise have had encourages more illegal behavior and is unjust to immigrants who came to the U.S. legally,'' the letter says.

    Reps. Bob Beauprez, R-Arvada, and Joel Hefley, R-Colorado Springs, are among those who signed the letter.

    The Senate Judiciary Committee is not expected to finish work on the bill this week, which was the deadline given by Senate Majority Leader Bill Frist. He is expected to introduce his own bill possibly today that includes border security measures and does not have a guest worker provision.





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  • Humhongekamyab
    02-21 12:55 PM
    Thanks for the reply...
    Initially I too got the same doubt that it could be a prank from my friend. But the name of the person who called me matches with the name of the person who visited my employer's office around 2 months back. After I got a call from ICE officer, I notified the same to my employer and explained about the call.
    Really donno what to do.... Even though the ICE officer took prior appointment for visiting me, should I still contact attorney?

    Don't let him come to your house w/o your attorney being present.



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  • slowwin
    05-15 08:49 AM
    Yes and any one who feels bad can take admission and complete MS. It takes 3-4 semesters any ways.

    Eb1, Eb2 will be out of the 140,000 pool. That would free up many visas for row and retrogressed countries.

    So all in all, this bill is a good bet:D





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  • nixstor
    09-01 10:39 AM
    It is not true that Many people have to wait 10+ years to get gc. May be some people might wait for 10 years because of frequent change of jobs , layoffs and also ignorance of green card processing. Most of the time EB2 waiting time is 2 to 3 years. Indian EB3 is in worst situation but only for past 2 years and before that everything was current. For that also most waiting persons filed I 485 because of July VB issue. In my opinion EB3 PD will be backdated up to 5 years.

    Also there is no legistrative activity in Congress about any immigration issue. Always skil bill comes in limelight when congress is in Session. But everyone knows that skil bill is asking too much in H1b and immigration numbers because of exemptions and it will be very difficult task. But no one in pro immigrant community is ready to compromise on numbers. When Congress tries to curb the abuse of H1b even pro immigrants are opposing the bills without any suggestion of any alternatives. If some bill comes for only GC that too moderate increase in numbers that will have bright chance of passing in congress.

    You should not expect any rally will produce meaningful reform. It has to be proved that additional immigrant and H1b numbers will produce more jobs and it should not create unemployment in americans.Just sufferings of gc waiters is not enough. My opinion is Rally will be used to show strength of IV and may educate public and Congress. But anti immigrants also doing Similar Campaign(not big rallies) by negative points of immigration. The same congress till the end of 2008 and I doubt they will consider any immigration issue till new congress comes in 2009 that is not too far from now. But it is always good to try all the time.
    Before any reform comes most IV members may get GC.


    This has been talked over and over. If you feel that the wait times are not INDEFINITE, great. Please go ahead, lean back and relax. If you know everything about whats going to happen, why even bother about Immigration issues or IV? Its not about showing off muscle. Wake up! Its about different people from different categories and countries stuck in a totally capricious system. Its about the system, arcane and antique law. Its not about any one particular person's PD, his/her category/country. There are people who are in EB2 with PD's 2002 and have not got their GC yet. Dream on and Smoke what ever you want.



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  • bharol
    08-10 01:47 AM
    Waiting and hoping..





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  • WeShallOvercome
    11-30 12:21 AM
    .

    One thing , did any other reputed site report this news ?

    It's on Greg Siskind's blog as well



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  • plassey
    08-23 02:52 PM
    Here comes one more preacher. Most people on this forum are no saint, they not even a man (or woman) enough to stand up for themselves.

    We are a Union and thats how a union works that is actively supporting the cause of its members.

    If one is stupid enough not to understand that we are trying to help everyone and thus this "one help" need to be demanded then god help that person.

    Understood, we all may have problems but those could be solved with whatever our share of work we can do to support this cause.

    If someone says that they don't know what IV policies and activites are and blames that nobody explained to them. Well... thats a lame excuse. It is very much on the front page of IV

    Number is the bargaining power and we are here to bargain. Period.

    Yes, u got that right. I am one angry man and regret that what I am doing goes against the spirit of IV.

    Now my direct question to you is : are in or are u out?








    Dear plassey,

    Whatever IV is doing fine, nobody here denies that. But here are few points which I think eveybody else is trying to convey, which somehow you don't understand:

    1. This site has an open forum where not only active members of IV, but other people (cowerds, that is what you think, you out-spoken fellow) also seek advice, share their experiences and hence help each other. And mind you, because of these all people, IV and this site also get so much popular.

    2. The other point is WHY YOU PUSH SO MUCH FOR HELP. I think everybody understands the efforts of IV, but let the person decide himself/herself whether he/she wants to give money, go to DC ralley or not. Help is not demanded.

    3. Please mind your language. I don't know why you have so much of anger and you use abusive, disturbing language for others. Its very easy to say a F* word, but very difficult to sort out others problems in decent and graceful manner. I don't think any group like IV (CARE, CRY and hundreds of NGOs in India) will push people like you do.

    4. And people like you are shame for a group like IV (please ask pappu too to confirm) who spread negativity like you did in this thread.

    You need some help to suppress your anger. Please do that Dear plassy...





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  • brahmam
    06-23 11:23 AM
    Folks

    where are you guys taking these? Fedex kinko's would be fine? any pointers in the NY-NJ area?

    Thanks



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  • VSS2007
    08-26 12:02 PM
    My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?

    Thanks in advance.
    Ram





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  • vrbest
    08-25 10:44 AM
    NSC: July 3nd 2008

    FP : Aug 1, 2008

    LUD on AUG 3, 2008

    Still pending approval..

    What a weird system - even for E-Filing (supposed to be online system- easy to organize), we see random approvals. Hope someone realizes and makes the system organized better...



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  • H1B-GC
    12-04 03:54 PM
    Fellas,

    Found this news clipping on an Indian newspaper Today. Below is the Link to the news Article and what it says.It's naive to conclude its gonna happen overnight but the issue of getting back our Social security is catching up!!

    New Delhi, Dec. 4: India and the United States will discuss the issue of a totalisation agreement next week to allow Indians working in America to avail of social security benefits that they pay while working in the United States. Visiting US secretary, US under-secretary for international trade, Franklin L. Lavin said, United States and India are trying to reach a closure on the matter and the United States will be taking up the matter next week.

    Speaking at a function, held in the capital on Monday by the Confederation of Indian Industry (CII), Mr Lavin, who is heading the largest-ever US delegation to India of 250 companies, also revealed that the United States has approved the opening of a consulate in Hyderabad to encourage business with the State.

    Noting that the US was looking at various ways to make business with India easier, Mr Lavin said, the idea was to have an independent economic relation. �We have consistently said that companies have to be serious about doing business with India on a standalone basis. It is not a question of whether to invest in India or Brazil or China, but a necessity. We want to make it easier to do business with India,� Mr Lavin said.

    On the Doha round of talks of the World Trade Organisation, Mr Lavin said, �We can expect an outcome if Brussels, New Delhi and we, each show our willingness to take things forward.� He also said that several initiatives have resulted in greater Indo-US business cooperation.

    These include the Open Skies Agreement in civil aviation, as a result of which passenger traffic has increased 60 per cent in the last one year, reduction of tariffs on industrial goods, a raise in investment caps in retail by India and efforts to liberalise entry of foreign education institutes. Mr Lavin, however, pointed out that there are a number of challenges facing India-US business ties.

    Link:
    http://www.deccan.com/Nation/NationalNews.asp#Hyderabad%20to%20get%20US%20consu late%20soon





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  • atul555
    12-22 01:46 PM
    But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
    Have to give American consulates in India the credit that they have outsourced some job to external private companies.
    At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
    As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
    To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.



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  • alex99
    06-28 10:59 AM
    Hi Friends,

    what is the best date to mail(Overnight Delivery) the 485 application so that it reaches USCIS on July Second.

    Regards,
    Alex





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  • satish_hello
    08-23 10:28 PM
    Ok..., but can you tell me how they are approving cses for PD EB3'2003 or Any EB3 cases daily, when EB3 is 'U', do you have answer for this.

    Since ther is plenty of approval going on everyday.

    They are not following any PD for the last 3-months approval, I don't believe any rule they have.Now they are already under pressure , and the pressure started already.They have to clean up.I don't think they will wait untill next year June, since Election is on Sept'2008.

    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 Approved.
    I-485 - Sent July5th.
    RD - ?
    AD -?
    Edit/Delete Message



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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • tselva
    11-12 10:18 AM
    Dear tselva,

    why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.

    i dont have any hope in December bulletin, waiting for next year.

    Anyways, I hope all of us should get out of this mess ASAP.

    Thanks

    MC

    MC

    You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D

    I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.

    Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!





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  • GotGC??
    03-27 12:04 PM
    Anyone in the Bay Area planning to meet the local law makers? I'd like to join.





    bkarnik
    04-01 03:49 PM
    Sent faxes. I called my friends and encouraged them to sign up as well. Lets see and hope for the best.





    RajForGC
    06-07 12:10 PM
    EB3 140 is already approved on Jan 2006, we re-applied 140 again on EB2 but got the Priority date of EB3 for EB2 of Sep 2005. But I Think priority date is only for Labor not 140, so my 140 for EB2 is still May 21 isn't it?



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