Ramba
02-18 02:52 PM
greenlight: Thank you indeed to share such useful information with rest of us.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
As your lawyer used the words "change of employer petition", it seems that one can use AP to travel and still after coming back he/she can file for either extension, amendment or transfer. This answers the main concern that I started this thread for.
Also, on other threads I read that its possible to file H1 amendement even if your H1 is still valid. This is one way to come back to H1 status and get a New I-94 card.
Some one also mentioned that if you have a valid I-797 extenstion approval notice and if you show that at POE to IO, he/she may issue an I-94 till expiry of I-797 (3 years) instead of AP (1 year).
I would appreciate input from others who have some knowledge or experience of above situations.
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
wallpaper free ultrasound 3d photo
dagabaaj
01-30 05:08 PM
Bump
swamy
12-12 10:07 PM
Ultimately, whatever IV is able to accomplish will benefit the entire legal immigrant community, regardless of contributions/memberships. However, the need of the hour is to realize the opportunities we are missing because of lack of resources and hands in most cases.
cheers!
jazz
I dont think theres any doubt in the value iv is providing - selling it is the issue. I can be proved wrong in a month but the ongoing funding drive is kind of a ray of hope that people will be willing to give both time & money to help themselves and others.
cheers!
jazz
I dont think theres any doubt in the value iv is providing - selling it is the issue. I can be proved wrong in a month but the ongoing funding drive is kind of a ray of hope that people will be willing to give both time & money to help themselves and others.
2011 Entretien paysager free
lost_in_migration
04-11 10:47 AM
I've sent my $100 towards $150K...a drop in the ocean...a drop nonetheless. Thanks to the IV team :)
more...
eb3_nepa
04-17 11:39 PM
How about trying to convert the existing "free" members to paid members? People post questions here all the time asking about personal stuff. People can be allowed to register for free but for posting we need full details In the very least we need a VALID phone number and a VALID email. For this we do not need IV teams to do anything. If, as a surfer you want to post or get access to "members only" posts, the surfer has to call the IV phone number using his primary phone number. That whoever is answering the phones can verify the phone numbers. Once the phone number is verified, the status of that member will be "active".
Now the team responsible for collections can start calling the people and asking if they have contributed and how much. We are looking to get more members and that is a wonderful approach. However we have only a THIRD of the members paying over and over again as it seems from the previous posts. It's time to start converting the free members to paid subscriptions. These other 2/3rds are using IV bandwidth and resources. It's time people started paying their dues. Doesnt have to be $100 minimum, even $10 will do, but please contribute. :)
Now the team responsible for collections can start calling the people and asking if they have contributed and how much. We are looking to get more members and that is a wonderful approach. However we have only a THIRD of the members paying over and over again as it seems from the previous posts. It's time to start converting the free members to paid subscriptions. These other 2/3rds are using IV bandwidth and resources. It's time people started paying their dues. Doesnt have to be $100 minimum, even $10 will do, but please contribute. :)
vga_1977
04-18 11:36 AM
Hi All,
Thank you all who gave me valuable suggestions.
I would like to say few things for the rest of the posts, this debate will never end. Every person have their own opinions. I am trying to do my best to pursue my career. I don't think this is wrong. I have seen all kinds of people in my past 13 years experience. We cannot judge any person just by looking at experience/education or what ever... . This is my just my personal opinion.
Once again thank you all who gave me valuable suggestions.
-vga
Thank you all who gave me valuable suggestions.
I would like to say few things for the rest of the posts, this debate will never end. Every person have their own opinions. I am trying to do my best to pursue my career. I don't think this is wrong. I have seen all kinds of people in my past 13 years experience. We cannot judge any person just by looking at experience/education or what ever... . This is my just my personal opinion.
Once again thank you all who gave me valuable suggestions.
-vga
more...
ramaonline
05-25 12:58 PM
Looks like the amt has come down to 3500 from 5000 (Not sure abt this)
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html
sanders is an oil salesman or what?
http://blogs.ilw.com/gregsiskind/2007/05/thousands_of_gr.html
2010 Father#39;s Day Special - 3D/4D
snathan
03-28 11:48 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It seems like you are at fault here...why did you come here without your employer calling you. There is no strong case...what wages you are talking about when you were not reported to work.
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
It seems like you are at fault here...why did you come here without your employer calling you. There is no strong case...what wages you are talking about when you were not reported to work.
more...
JazzByTheBay
12-12 09:02 PM
The web site should be sufficient in providing information of a general nature.
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.
I won't be a member at all...because if we make anything mandatory and don't let people realize what we are doing...i think people won't become member...
There are so many (lazy) people who access this site and not even bother to become member...
it is like catch 22...If u charge membership fee we will not give access to any of our forums for guests (it should be otherwise what is the use of taking membership)...if u don't give access to our forums how people know what IV is doing...
again it is my personal opinion...i may be wrong...
More specific information and details should be available to members.
That's how many organizations operate, including AILA.
It's not just about the forums, this could come with a lot more benefits.
I won't be a member at all...because if we make anything mandatory and don't let people realize what we are doing...i think people won't become member...
There are so many (lazy) people who access this site and not even bother to become member...
it is like catch 22...If u charge membership fee we will not give access to any of our forums for guests (it should be otherwise what is the use of taking membership)...if u don't give access to our forums how people know what IV is doing...
again it is my personal opinion...i may be wrong...
hair Here i got a 3d ultrasound and
vjkypally
03-14 09:21 AM
We should lobby to stop Portability from EB3 to EB2:).
more...
rameshvaid
12-22 06:35 AM
Any one else ready to share his story...
RV
RV
hot About 3D amp; 4D Ultrasound
anzerraja
07-20 09:40 AM
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Aman,
You are an inspiration to all of us in the IV community.
You are selfless and humble and these are amongst the most noble qualities a leader can have.
Thanks!
-S
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
Aman,
You are an inspiration to all of us in the IV community.
You are selfless and humble and these are amongst the most noble qualities a leader can have.
Thanks!
-S
more...
house AMAZING 3D and 4D ULTRASOUND
PlainSpeak
04-23 07:51 PM
Well only members who are working for the good for the the whole EB community are welcome here.
Not some stupid highly educated person who does not have any education in humanity but thinks he deserves GC before others because he is superior than them
Not some stupid highly educated person who does not have any education in humanity but thinks he deserves GC before others because he is superior than them
tattoo ultrasound 8 weeks
Bokke
06-05 10:40 AM
For all the Microsoft fans who wanna have a i-pod:
The XPod ! :rambo:
http://members.home.nl/famsedema/xpod.jpg
The XPod ! :rambo:
http://members.home.nl/famsedema/xpod.jpg
more...
pictures 3D ultrasound of our twin girls at 23 weeks 4 days.
eager_immi
02-14 07:43 AM
Listen we are giving our hard earned money to this group, we beleive that they are the only ones fighting our cause. Can you please name one more org/group that is doing the same. The industry that includes esteemed Bill Gates wants more H1bs, no on talks about our releief. What open mind are you talking about? Get a reality check. We are not a frat house here that we are applauding each other. We want constructive criticism... e.g. if you think you are a better leader step up and say you can do x, y, z.
If you cannot give contructive critisim then the rest of us would appreciate that you don't vent ur frustrations here, because see how much harm you do by making us respond to your personal frustrations.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
If you cannot give contructive critisim then the rest of us would appreciate that you don't vent ur frustrations here, because see how much harm you do by making us respond to your personal frustrations.
I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.
So I apologize for my comments.
Here is something you will love:
Congratulations IV and the core team! Keep up the good work.
dresses 3d ultrasound pictures of
PlainSpeak
04-20 05:16 PM
Keep cribing all you want. EB3-EB2 upgrade is a reality and is here to stay
Wait till you anti upgraders see June 2011 bulletin :D:D:
Maybe EB3 2005 will clear from the system before E2 2008/9/10
Wait till you anti upgraders see June 2011 bulletin :D:D:
Maybe EB3 2005 will clear from the system before E2 2008/9/10
more...
makeup 3D ultrasound at 28 weeks (7
gc28262
03-10 07:17 PM
This data is ambiguous from the USCIS. It very well could represent pending 140 petitions, in which case all the euphoria would turn to shock. We must try to get clarification about this before anything else.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
One of the tables there mentions the NIW, that is determined at the 140 level, after that a 485 is a 485 and it goes into the EB2 queue. So when they list that in the breakdown, I suspect if they may be referring to 140s here. Additionally they list either no NIW140 or NIW-based 485s from the NSC. If they are referring to NIW based 485s, this is incorrect, since I am one of those with an approved NIW and pending 485 at the NSC. There are others like me on IV physician forum.
So lets try to get more information about this response. This data does not give the whole story. In a worst case scenario it is indeed pending 140s they have given.
The best strategy is to prepare a request that will get all the details and route it through different senators.
Multiple members from different geographical area should route the same request through their senators.
If the query result from all these senators doesn't match, we will know USCIS didn't give the proper info.
In that case we can follow up with senators for the real data.
girlfriend 2D ultrasound of 20-week baby
wantMyGC
07-14 07:27 PM
http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm?chan=top+news_top+news+index _businessweek+exclusives
The Gandhi Protests
Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest
Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.
"We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."
Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
Long Delays Spur Protests
The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.
The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.
The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
Joining the Chorus
Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").
Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.
"This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."
The Gandhi Protests
Denied the permanent U.S. residency they'd been promised, high-skilled workers are taking to the streets in nonviolent protest
Engineers, computer programmers, and tech workers aren't known for outspoken collective action and political protest. But on July 14, up to 1,000 high-skilled, legal immigrants will gather in San Jose, Calif., to express their outrage at the U.S. government's failure to deliver on a promise to hasten the processing of their green-card applications. Many of these immigrants came to the U.S. from India on visas and have been stuck in what they say is an interminable wait for permanent residency and the freedoms it brings.
"We're stepping out to bring this issue to the attention of lawmakers and the public," says Ashish Sharma, 37, who has worked as a manager at a tech firm in Los Angeles for seven years, awaiting his green card. "The debate has been dominated by illegal immigration, but we want to put a spotlight on the hurdles we're facing as a hard-working and law-abiding group. It's time for corrective action."
Sharma says he spent $5,000 flying his wife and children to the U.S. from India to prepare green-card documents that the government originally said it would accept and then later decided not to accept. Tomorrow, he will drive more than five hours to San Jose to meet hundreds of others stuck in the green-card backlog who want to make a public statement about their frustrations.
Long Delays Spur Protests
The rally follows a symbolic action on July 10 in which hundreds of green-card applicants sent flowers to the director of U.S. Citizenship & Immigration Services in a show of peaceful protest reminiscent of Mohandas Gandhi's nonviolent campaign against British rule before India gained independence in 1947. The idea for both the flower sending and the rally emerged from Immigration Voice, a group that advocates for high-tech immigrants in the U.S. on visas.
The Gandhi protests, though grounded in years of frustration and anger, were sparked by recent events. On June 12, the U.S. State Dept. issued a bulletin promising it was ready to move hundreds of thousands of green-card applicants into the final phase of processing, known as the Adjustment of Status. Visa workers rushed to complete their Adjustment of Status applications for July 2, the first day they could be submitted. Applicants scrambled to gather signatures, birth certificates, and immunization records, many taking off work and rearranging travel plans. But at the beginning of July, the State Dept. retracted the bulletin, explaining the U.S. Citizenship & Immigration Services had already fulfilled its quota and would not accept further applications. The immigrant community exploded, with critics saying they are the victims of bureaucratic incompetence and a broken immigration policy.
The green-card backlog has emerged because of a mismatch between the number of visa holders and the number of green cards available to them each year. Tens of thousands of foreign workers enter the U.S. on work visas each year, and many apply for green cards. But current government rules limit the number of people who can be admitted to the U.S. from any particular country to 9,800. The result is that for larger countries, including India and China, the wait for permanent U.S. residency now stretches for years. As they wait, visa workers are required to maintain the same job and salary, or they are bumped back to the long queue. That leaves many of the most educated and talented immigrants feeling stuck, sometimes to the point of hopelessness (see BusinessWeek.com, 6/21/07, "One Easy Fix for Immigration").
Joining the Chorus
Many American companies are concerned about the government's immigration policies. Tech companies, including IBM (IBM), Motorola (MOT), Oracle (ORCL), eBay (EBAY), and Intel (INTC), have pressured Congress to allow in more skilled workers on temporary and permanent visas. Google (GOOG), with many immigrants at the company including one of the founders, sent one of its top executives to make the case in Washington (see BusinessWeek.com, 6/7/07, "Immigration: Google Makes Its Case"). Bill Gates, Microsoft's (MSFT) co-founder, also made the trip to Congress to argue for a change in policy (see BusinessWeek.com, 3/8/07, "Gates to Senate: More Visas").
Immigration Voice has for several years been a forum for visa workers awaiting green cards, but it is now becoming a critical organizing tool through its Web site, volunteer leadership, and increased lobbying efforts. Immigration Voice President Aman Kapoor says green-card applicants are busy organizing a series of rallies to take place across the country on one day next month.
"This is not the usual population to go into the streets and protest; it's a group that has remained quiet and follows the rules," says Kapoor. "But people have lost faith in the system, and we have reached a tipping point in terms of frustration. There's an understanding that more dramatic action is needed."
hairstyles 3d and 4d Ultrasound
Raji
05-12 05:09 PM
Very wise of you Nitin. I doubt that anyone in this forum disagrees with what you have said.
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
msyedy
01-30 09:22 AM
This is good news..But the Damage is already been done..in the past.....
I guess DOL had some 300K cases pending when Backlog center started..It adjudicated some 150K till now.( Rough Estimate) and still 150 K left.
Even if considering 10000 Labors been substituted till now ...Imagine the wait period for rest of us. I wish this law was enacted, when they started Backlog centers..
Anyway..something is better than nothing....Hope for the Best...for new laws regarding SKIL,CIR Etc..atleast filing 485 when Visa numbers are not available..
--gcdedo
Good news indeed but not that good too, becuase the companies still have a chance to use up the labor in 45 days which is definitly possible.
Now we will be seeing many Labors filling before this becomes a law in March.
I guess DOL had some 300K cases pending when Backlog center started..It adjudicated some 150K till now.( Rough Estimate) and still 150 K left.
Even if considering 10000 Labors been substituted till now ...Imagine the wait period for rest of us. I wish this law was enacted, when they started Backlog centers..
Anyway..something is better than nothing....Hope for the Best...for new laws regarding SKIL,CIR Etc..atleast filing 485 when Visa numbers are not available..
--gcdedo
Good news indeed but not that good too, becuase the companies still have a chance to use up the labor in 45 days which is definitly possible.
Now we will be seeing many Labors filling before this becomes a law in March.