Saturday, June 18, 2011

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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.





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  • wizkid732
    07-30 07:47 AM
    It is a painful long journey. Remember there are always alternatives, just be prepared and dont put all your eggs in one basket. I did that once GC, House and School all supported by one job and when I was laid off all came crashing.

    I wish you all the very best.

    15 years is too long. Khudos to you

    I am not crying buddy, Just letting others know how they treat.You might have known about this already since you experienced it. Anyway, now I knew that there are more sad pasts here than mine.

    FYI this is not my first H1, this is my second H1.Total 12 years since I landed in US for first time.





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  • sc3
    10-20 01:06 PM
    Hello there,
    I cant less concur to what you jsut said, if someone has something to say and critique , they can very well post their response or send a private message.

    Anyways the focus is the campaign. Have we decided on what and when we should do this flower campaign?

    I request all IV members, to please unite and do something, we all need to be mobile and create more awareness.

    Have we all forgotten how much publicity we got in 2007? lets all wait till the election day is over and the right candidate is elected.

    Then we should plan a rally.


    I am lucky, because I work hard. We all can be lucky as well, all we need to do is, work hard on these rally's. A flower campaign, a rally and maybe someone earlier suggested the EB community should take one day off work and attend that rally. This way, they will understand our Importance

    How stupid can someone be to give me a red for my previous post.

    Now for this. Why should someone hide behind a red dot (just to say "you suck" and things like that). Most, if not all, red dots are personal attack on the person rather than the post. The very few reds which actually are justifiable are the ones where someone is given the red for his offensive remarks.

    I realize that a side discussion on red dots is not germane to this post, but it is the participants in the discussion here who have brought it up. As evidenced by so many posts that keep happening now and then, some feel bad to post when people intimidate them with reds. Of course, some may say that red dots doesn't matter, but to a new member (who has contrarian views), getting red pretty much means some people are not going to take them seriously.





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  • IfYouSeekAmy
    08-21 03:54 PM
    I am truly sorry for your situation and applogize for the lousy way people in this forum are treating you. It seems you have done everything honestly and legally. From your story I do not see any wrong intentions or trying to stay here illegally. If that was the case I don't see why you filed the pettion anyway so looks like you have done the right thing. I wish I could help. The only advise I could give you is to see if you can get an extension on the 30 day period. I do not know if that is possible but I sincerely hope that things will work out for you!

    I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
    Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
    If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
    My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
    Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.



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  • meridiani.planum
    03-07 05:10 PM
    I was told that for AC21 we need to spend atleast 180 days counted from Reciept Date.

    What is Reciept Date as we dont see that exact wording on reciepts.

    Our 485 reciept has Notice Date and Received Date? What is Reciept Date from here?

    receipt date = received date.





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  • Michael chertoff
    03-10 12:33 PM
    coolman ship,

    what about if my greencard sponsoring company is ready to support me in any RFE( want to give me valid job offer any time). and i keep using my EAD for different employers.

    still I have to use AC21 or it is OK?

    i dont want to use AC21.

    Thanks

    MC



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  • prioritydate
    12-21 02:15 PM
    This is from Murthy chat.

    Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?

    Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.

    :mad::mad::mad::mad::mad::mad::mad::mad:





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  • chanduv23
    09-19 02:19 PM
    Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.

    If your 485 has been filed and it is past 180 days - then fulltime job in wall street is safe otherwise you are better of with your consulting company



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  • makemygc
    06-10 06:40 PM
    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.


    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?


    Thanks in Advance.
    -Moti
    As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.





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  • SSSarkar
    07-17 10:15 AM
    Well done.

    I sent an email to Roy Beck - Founder of NumbersUSA about the false information that they present via the fax. I am expecting some reply.
    This is email that I sent..........

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

    Hi Roy,

    I am Satish. I am one of many immigrant workers working in USA. Recently, I came across www.NumbersUSA.com website and their propaganda. I respect your service to this country and your steps towards propagating your agenda to the congress. However, when I came across the following fax content intended to faxed to the members of congress from www.Numbersusa.com, I was completely shocked to see the points mentioned in the webfax. Let me give my insight on this.

    The fax content is as follows

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.

    Sincerely, [Your Name Will Appear Here]

    My view on the above points.

    1) This is true that foreign workers bring their families. However, I reject the word "guarantee" used in the later part of the sentence. Let me further elaborate on this. When a H1B worker first arrives on the American soil, the worker's spouse and children if any, are on H4 visa. For your information, these dependents of foreign workers are on H4 visa, which is a highly restrictive visa. This visa does not guarantee a social security to women and children. By social security, I mean lot more than just a social security number. In some states, this results in inability to even drive and be completely dependent. Some of H4 people that I know are highly skilled such as Phds, Doctors, MBAs, etc.
    2) This is most shocking of all the points. I would love to know the source of this information. I am a H1B worker for last 4+ years. I have paid all my taxes including federal, state taxes, social security taxes, Medicare, FICA, etc. This is not voluntary deduction. All my employers were mandated to deduct just as any American citizen. I would love to debate this with you and NumbersUSA reps, because I have facts and documents to prove this. In fact, Most of H1Bs pay FICA tax, which we simply cannot get after retirement (in this case mostly 6 years on H1B). I would encourage you and NumbersUSA to contact reputed IRS expert to get more information on this. In case you don't get this information. I would be more than happy to meet you in NumbersUSA office along my documents. If some person or employer does not pay taxes being on H1B, that person is treated as tax fraudster, whom I am sure IRS handles very effectively.
    3) This is also not true. In my case I had to post my labor on job bulletin board (place where I had to work) for atleast 2-3 weeks with my skills, designation and salary offered. In case if any US citizen interested in this posting, he had an open opportunity to contact my employer about his interest in the job. By the way, salaries of thousands of H1B workers are on par with that of US citizens. Given a chance, I am sure that I can prove that I am better in all aspects of IT programming than some of the best on U.S. citizens. This promotes competitiveness.
    4) I would love to have actual source of this information. I know many US registered organizations that hire H1B foreign workers, who worked with fellow U.S citizens without any problems. As far as my knowledge is concerned, most of these employers are "Equal Opportunity Employers".

    Roy, America is a unique country that is built on immigrants. This is probably one of the reason why America is amazing in providing civil liberties to all people irrespective of caste, color and race. Also, America has such an immense talent in every field, which makes it a leader in this competitive world.

    I certainly welcome yours and NumbersUSA perspective on this email.

    Both of us strive to make America more strong and competitive.

    Thanks,
    Satish

    "It is the theory that decides what we can observe."
    Albert Einstein



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  • friend_in_NC
    07-03 04:23 PM
    Contributed $100 for the lawsuit.
    Confirmation Number: 40W931175C853351T.





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  • shamu
    01-17 02:10 AM
    ............
    I got my priorities set now & believe me getting a GC has become my last priority ...................

    And tomorrow the day starts again with a snooze ahwwwww…

    I read your story (every line and every word) and portray my self in that but few small changes.

    Very recently even I have learn't that GC is important, but not that important than your life, kids, parents,...

    but I would certainly pray for you to get a job ASAP. I know the pain.



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  • gjoe
    12-10 11:11 PM
    even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D

    USA is trying to build a time machine to go back 10-15 yrs and so they can fix the economy. Let us desi and our chinese brothers wait until the time machine is ready. We can then copy it and produce it in china and setup techical support center in India for these time machines. While doing so we will still wait in this GC queue while expecting our people back in our place to use the time machine because if we get on it we will be back in the place were we came from :D
    Instead you can just buy a ticket and board a plane to our place. And you can still monitor the visa bulletin every month and also do prediction in this forum :cool:





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  • bestia
    08-15 04:11 PM
    DOS/USCIS learned to do copy and paste :) "01JAN07"

    And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.



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  • imh1b
    11-19 10:34 AM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!

    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over





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  • uma001
    10-01 09:58 AM
    I work at one of these companies & they applied for my GC.

    1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
    2. You must complete x years of service.
    3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.

    I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)

    So just saying - these companies don't apply - is not right.

    Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.

    Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .



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  • vandanaverdia
    09-10 03:08 PM
    You are sick of extending your visa/ EAD every year!!!
    For those who are on visas, need to extend their visas every year after the first 3 years have passed. Those who are on EAD, need to extend their permits & AP every year!





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  • mpadapa
    09-26 10:00 AM
    Just wrote an email to the editor...Hopefully he learns and corrects the article..





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  • lvinaykumar
    05-21 10:15 AM
    Congrats, Please keep supporting IV





    belmontboy
    02-19 04:11 AM
    1) People who are illegal here for more than 5 years will get green card/path to citizenship but people who are legally here for 4 years and 11 months gets nothing.


    How exactly are illegals going to prove that they have been here for more than 5 years?





    lord_labaku
    11-11 12:54 PM
    is to play the same tune. We should repeat the Obama campaign taglines.

    We should re-iterate that high skilled immigrants are the CHANGE that America is looking for.

    We are going to help generate jobs in America. We are going to keep America in the forefront in technology. We are going to make America competitive again. We the high skilled immigrants are going to restore prosperity to America. We are going to research new energy sources. We will renew Americas promise -

    "It is that American spirit - that American promise - that pushes us forward even when the path is uncertain; that binds us together in spite of our differences; that makes us fix our eye not on what is seen, but what is unseen, that better place around the bend."

    Yes We can.



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