Macaca
11-19 11:52 AM
Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".
Lou Dobbs Tonight 03/28/2007 (http://transcripts.cnn.com/TRANSCRIPTS/0703/28/ldt.01.html): "It's pretty remarkable. Four hundred thousand H1 visas each year."
From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
Page 5: Number of H1B petitions approved for initial employment is 116,927. The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker.
Lou Dobbs Tonight 03/28/2007 (http://transcripts.cnn.com/TRANSCRIPTS/0703/28/ldt.01.html): "It's pretty remarkable. Four hundred thousand H1 visas each year."
From How many H-1B visa workers? Counts vary (http://immigrationvoice.org/forum/showpost.php?p=114543&postcount=737) VALLEY EMPLOYERS AMONG TOP USERS By Chris O'Brien (cobrien@mercurynews.com or (415) 298-0207) | Mercury News, 07/15/2007
The federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap.
From Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)
Page 5: Number of H1B petitions approved for initial employment is 116,927. The number of approved petitions exceeds the number of individual H-1B workers because more than one U.S. employer may file a petition on behalf of an individual H-1B worker.
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amitjoey
12-22 02:29 PM
Dear Sir/Madam
I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.
The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.
These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.
At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.
These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.
At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.
So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�
Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.
Yours truely,
Frustrated, law abiding, tax paying immigrant
I have been in the country Legally on a student visa and then on a work visa for 10 years. I have been in line and have applied for a greencard 6 years ago and my application has been shuttled through various departments and agencies in a 4 step procedure and now being stalled for want of a number (An immigrant number) for a highly skilled immigrant. There are an estimated 1/2 million legal law abiding, tax paying individuals in a similar situation who need your attention. All of them are in the country on a work visa and are in line to recieve an employment based green card.
The Employment based green card system is completely broken due to excessive delays and backlogs in petitions of nearly half a million highly skilled workers who are certified by US Government to be doing a job that no US citizen is willing, qualified or able to do. The delays in obtaining a permanent residency are due to 2 reasons: Numerical caps on employment-based green cards and processing delays in adjudication of files. Today the system takes anywhere between 6-12 years to grant Green cards to some of the best and brightest of the world who have chosen America as their future home.
These future Americans are facing huge quality of life issues and their employers are facing difficulty in attracting more of the best and brightest of the world due to the broken system. The system prevents these workers from accepting promotions and switching jobs for the time-period it takes to process their files. By stagnating career growth and suffocating the creativity of the most innovative and technical minds of the world.
The processing delays mock America�s respect for those who �play by the rules� and get in line. At the same time USCIS awards 10s of thousands of greencards to people every year outside of USA based on a pick or lottery.
At the end of 2006, there were an estimated 200,000 employment-based principals waiting for labor certification, which is the first step in the U.S. immigration process. The number of pending I-140 applications, the second step of the immigration process, stood at 50,132. This was over seven times the number in 1996. The number of employment-based principals with approved I-140 applications and unfiled or pending I-485s, or the last step in the immigration process, was 309,823, a threefold increase from a decade earlier. Overall, there were 500,040 employment-based principals (in the three main employment visa categories of EB-1, EB-2, and EB-3) waiting for legal permanent residence. And the total including family members was 1,055,084.
These numbers are particularly troubling when you consider there are only around 120,000 visas available for skilled immigrants in the EB-1, EB-2, and EB-3 categories. To make things worse, no more than 7 percent of the visas are allocated to immigrants from any one country. So immigrants from countries with large populations like India and China have the same number of visas available (8,400) as those from Iceland and Poland.
At the same time, a debate rages about H-1B visas and this gets considerable press coverage. Companies such as Microsoft, Intel, and Oracle have been lobbying for visas to bring in skilled immigrants, but have focused on expanding the numbers of H-1B visas available. Why? Perhaps because workers on these visas are desirable, as they are less likely to leave their employers during the decade or more they are waiting for permanent residence.
So we want skilled immigrants, but we want them to come on the right visas as permanent residents. The battles being fought are about bringing in more people with H-1B visas�not about those who are already here with them and stranded in �immigration limbo.�
Unlike many of the problems facing the United States, this one isn�t hard to fix. All we have to do is to increase the number of visas offered to skilled workers in the EB-1, EB-2, and EB-3 categories from 120,000 to around 300,000 per year. And we need to remove the per-country limits. Instead of requiring graduates from top universities who receive jobs from American corporations to go through the tedious H-1B visa process, we should provide a direct path to permanent residence. We are now competing with the rest of the world for the best talent. We need to do all we can to attract and keep skilled immigrants, rather than bring them here temporarily, train them, and send them home.
One more most important aspect is also to provide an oversight over USCIS. Presently, processing delays, lost paperwork, incourteous and bad customer service and above all a non-transparent system is what immigrants face. Why should legal tax paying immigrants wait in line patiently for half a decade and pay high fees to get lousy customer service and no accountability for fees?.
Yours truely,
Frustrated, law abiding, tax paying immigrant
GreenCard4US
08-23 12:52 AM
Company A applied for my labor and I140(approved and Active currently) in 2005. Moved to company C in April 2007(H1 transfer), applied for I485 using Company A's EVL in July 2007. I got a 485 RFE now for EVL. Can I now say that I have used AC 21 by sending relevant documents or should I send EVL from Company A?
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
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franklin
07-11 12:45 PM
Sorry- I think it is already being addressed. My bad.
Yes, it is. However, California is hot and tech companies are a bunch of dorks in jeans ;)
All kidding aside, we are preparing to be as smart as possible, whilst surviving a 3 hour march in 90 degree heat
Yes, it is. However, California is hot and tech companies are a bunch of dorks in jeans ;)
All kidding aside, we are preparing to be as smart as possible, whilst surviving a 3 hour march in 90 degree heat
more...
jimytomy
04-18 05:00 PM
Hearty congratulations! Your story is most heart warming
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
4 year engineering + 5 years -- eb2 requirement.
I have 10 + years of experience
Thanks
Mind mentioning your degree/qualifications? I am looking out for people like me who have successfully ported ...
Thanks
4 year engineering + 5 years -- eb2 requirement.
I have 10 + years of experience
Thanks
Gravitation
07-12 11:52 AM
The rumor is the world cat will be current and all others unavailable since the quota for those countries are already filled. Sounds logical. Sadly, my app will be screwed in that case. Hopefully that'll consume some numbers from RoW and there might be some overflow next year (or the year after... or maybe after 7 years and who knows 10).
BTW, where did you hear that RoW will be current and the rest will be "U"?
BTW, where did you hear that RoW will be current and the rest will be "U"?
more...
PavanV
09-17 12:52 PM
Hey,
How are you folks able to view the live discussion ?, can somebody post me the link , i am at my office and would like to view/watch it .
thanks
How are you folks able to view the live discussion ?, can somebody post me the link , i am at my office and would like to view/watch it .
thanks
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rajagopal_04
12-29 01:59 AM
Posted Dec 28, 2007
�MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
�MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
�MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
�MurthyDotCom
Benefits Provided by New Verification System
�MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
�MurthyDotCom
Negative Effects of New System
�MurthyDotCom
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
�MurthyDotCom
Conclusion
�MurthyDotCom
The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.
�MurthyDotCom
A recent U.S. Department of State (DOS) directive to U.S. consular posts now requires consulting an electronic record for visa issuance in nonimmigrant categories H, L, O, P, and Q. This was first reported to MurthyDotCom and MurthyBulletin readers in our December 7, 2007 article, PIMS Verification Required for Certain Nonimmigrant Visas. The verification of visa petition approvals is now carried out through the Petition Information Management Service, known as PIMS, even if a beneficiary takes an original I-797 approval notice to the interview. The American Immigration Lawyers Association (AILA) asked the DOS to clarify the purpose and the functioning of this directive. In response, the DOS provided this important information to AILA members.
�MurthyDotCom
USCIS Must Send KCC Petition Approvals before Visa Issuance
�MurthyDotCom
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants.
�MurthyDotCom
Benefits Provided by New Verification System
�MurthyDotCom
The DOS has indicated that most of the cases approved for visa processing are being entered into PIMS in a matter of hours. As a result of the new directive requiring multiple checks for fraud and other adverse information, the DOS is able to find forged and altered I-797 approval notices for companies that no longer exist or that never existed. In addition, if a visa applicant has neither an original nor copy of an approval notice and the information has been entered into PIMS, no such notice is required for visa issuance. While some posts still require original approval notices, the DOS is developing clear guidelines to eliminate this requirement.
�MurthyDotCom
Negative Effects of New System
�MurthyDotCom
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS. To remedy this problem, AILA has requested that the DOS provide a mechanism for notifying KCC directly to make sure that all the information on an approved petition is entered into the system before a beneficiary applies for a visa.
�MurthyDotCom
Conclusion
�MurthyDotCom
The DOS has indicated that it is willing to develop a mechanism to address any negative effects of the new requirement to verify petition approval information before issuing a visa in certain types of nonimmigrant petitions. MurthyDotCom and MurthyBulletin readers will be updated on this important matter when there are new developments.
more...
trueguy
08-16 10:30 AM
:) wait till september, i betting we will see 25-28k eb2 approvals, good for them i guess. it is typical with USCIS, towards the end of the year they wake up and go overtime in approving the cases.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
I wonder why USCIS/DOS don't spread the workload across consular posts. During Jul2007 fiasco, most of the I-485 application till Jan'2007 PDs are filed. Now if DOS make the PD for all categories to lets say 2006, they won't recieve any new applications and consular posts could use some numbers.
In fact, people who opted for AOS will also go for CP if consular posts can process them. This will help take some workload off of USCIS. But I don't know why they don't do it.
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webm
08-19 01:59 PM
Total Pending applications :700,000 after Jul-07
EB3 : 385000 (at 55% of the total)
EB3-I: 115000 (at 30% of the 385000)
# of pending apps before Sep-2002: 11500 (at 10% of 115000)
EB3-I quota per year: 2940 (at 7% of EB-3(42000))
Years before my priority date becomes current: 3.9:mad::mad:
Well predicted....:( hope it won't take that long though!!
EB3 : 385000 (at 55% of the total)
EB3-I: 115000 (at 30% of the 385000)
# of pending apps before Sep-2002: 11500 (at 10% of 115000)
EB3-I quota per year: 2940 (at 7% of EB-3(42000))
Years before my priority date becomes current: 3.9:mad::mad:
Well predicted....:( hope it won't take that long though!!
more...
hebbar77
05-20 12:58 PM
How about a IV visitor health/medical insurance?
Because of the numbers premium will be damn cheap I am sure!
Because of the numbers premium will be damn cheap I am sure!
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sundar99
02-22 10:00 AM
Hi Sobers,
Outstanding efforts. Also, not sure if you all agree ? if we get the NASCOM email id for karnik, perhaps we shud emphasise the SOCIAL SEC contribution made by us so that, they do not forget us at the last minute, since H1 issues will be followed up more religiously.
Should we send out emails to karnik and crowd ?
Outstanding efforts. Also, not sure if you all agree ? if we get the NASCOM email id for karnik, perhaps we shud emphasise the SOCIAL SEC contribution made by us so that, they do not forget us at the last minute, since H1 issues will be followed up more religiously.
Should we send out emails to karnik and crowd ?
more...
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alisa
02-11 03:39 PM
And ofcourse, EB-3 ROW would oppose such a move.
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
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Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
more...
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snram4
01-20 10:42 PM
There will be always fear that good people also will be impacted. If the person and company are geneuine then they can provide enough documentation to escape from regulation. If the person is good and company is bad then he can change the company.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
I did not see any opposition from lawyers website for this except IV. Most lawyer sites advise employers to prepare proper documentation to tackle this
You did not miss anything. Those affected are bodyshop people who abuse the system. This memo is really good for those of us who do not support abuse. If these abusers get kicked out at POE and their I140 and I485 are denied, it may make more room for those of us who have not cheated the system. If my application is in Q behind these abusers, then I surely want these guys kicked out.
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danielp78
06-07 09:00 AM
This is the kind of attitude that we must have in life. Not just in our immigration matters, but as general view of what life is and how to get things done.
If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.
If you want to change things, you have fight for it. And remember, trying to change the law is not against the law.
more...
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payal_nag
04-25 01:18 PM
just contributed $100 to this cause!
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eb3_nepa
03-12 10:33 PM
Thanks for the replies everyone.
In response to some responses, i am not "overly concerned" I was just wondering what their status was.
If the older core members who have received their GCs are indeed enjoying the fruits of their hard work, God bless them and there is absolutely nothing wrong with that. My intent was never to start a hot debate. God knows we have tons of drama on the forums daily!! ;). (Soon the April VB will be released and more drama)
In response to some responses, i am not "overly concerned" I was just wondering what their status was.
If the older core members who have received their GCs are indeed enjoying the fruits of their hard work, God bless them and there is absolutely nothing wrong with that. My intent was never to start a hot debate. God knows we have tons of drama on the forums daily!! ;). (Soon the April VB will be released and more drama)
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Brightsider
07-24 02:53 PM
Let me give this a shot:
Brightsider/Raji,
Going by your id registration date, I am presuming you are new to this site and do not know the history of what transpired over the last few years. There are hundreds of threads/discussions/posts where these arguments have been made and answered. We (all of us) are seeing increased interest in solving our EB-GC problems because of hopeless retrogression and a ray of hope in terms of CIR. Just because one shows new interest, you cannot expect immediate consolation and agreement on what you say/propose.
There were numerous times when members felt a specific campaign and/or item needs to be pursued. Serious discussions happened and eventually the advice of core which gets its info from various sources supported or not. There is nothing to stop you or I from pursuing an option.
I for many months did not understand the rationale and the way the system/politics function in this country. I still do not understand. BUT I do understand certain basic things:
1. How laws are crafted: the process, the resources involved and other technical matters.
2. Lobbying and advocacy: What role they play when dealing with lawmaking. Go read about the healthcare bill and what is happening in the Congress, lobbying, interest groups, associations, ordinary citizens, PACs, non-partisan groups. you might get a taste of what this is all about.
3. Systems: USCIS, DOL, Homeland Security etc
4. Politics: The main parties involved (Dems, Republicans). Who reacts to what and what their core values are. What is left, middle, right. who is where.
5. How national and state politics matter.
I am going to generalize here a bit: A lot of members who get their info from CNN or Google Reader or other 'mainstream' media sources might get either a black or white version of news/happenings. I quickly realized there are numerous shades of gray when dealing with Washington DC. How politics of left, middle and right come into play, which Senator or representative votes which way and why, etc. Listening to a press conference and reading an article on CNN does not give one insight into politics. These are the 'backend' intelligence which I trust core to know and advice us. I do not expect them to reveal their sources nor specific tactics. Most often than not, there is a rational explanation.
In this specific case, my take is: AILA with all their nobel intentions are in the 'business' of making money from folks like us and our employers. There are many shades here and it is not all black or white as it may seem. Like a member pointed out, AILA does not represent just EB or legal immigration. There are other things involved which may be detrimental to us (you do not want to be bracketed in the same category as illegals or want amnesty as an example). Apart from this, timing is critical.
One of the most important parties apart from Lawmakers is our opponents. Anti-immigrants who wants to know tactics, strategy: who we are calling, whom we are faxing, whom we are meeting, how we work, etc. They doggedly follow and couteract many items. For every fax/call/email you send there might be a counter reply from anti-immigrants. When core suggests confidentiality and secrecy, those I believe are not some magic/secret cloakish things but a matter of pragmatic reality. That is the world we are in and to be successful, we have to deal with those realities.
Giving out updated information is not as simple as it seems. These are steps which can be easily retraced and antis can quickly use those steps and backstab us, crippling our efforts. Updated information == tactics. My last point is about: Donors Vs Non-donors. Do you know that you need not be a donor to volunteer ? Try getting in touch with folks at IV. There is a lot you can do and you seem to be the right person whom we need on our side. I urge you to contact IV.
Thanks Qasleuth,
I was resigned to seeing a lot of ire directed my way, and was pleasantly surprised to read your lenghty and reasoned reply. And the important thing was that you were able to get your point across without antagonizing or making me feel stupid and low.
You are bang on target with your observations and explanations. Having been reading IV threads for over three-four years, (or is it five, I lose count), I have always found it to be a great resource. It is only of late that I have been posting concerns and suggestions. So I have been witness to attacks of tunnel rats and others and also aware of their rants and ruses. I saw the advocacy effort of July 2007, and the tremendous synergies generated by IV. The short point is that IV is not new to me, although the converse is true.
Now on the issue of AILA template, your reasoning is candid and well argued. I agree that when I first suggested that we use the AILA template I had not fully considered all the issues that you highlighted. It is a different matter that I have no regrets for having done so, for reasons that I find appropriate. I am sure you have no quarrel with that, having said that each of us is entitled to our opinions and pathways.
Thanks once again, got to go to a meeting.......will catch up later.
Brightsider/Raji,
Going by your id registration date, I am presuming you are new to this site and do not know the history of what transpired over the last few years. There are hundreds of threads/discussions/posts where these arguments have been made and answered. We (all of us) are seeing increased interest in solving our EB-GC problems because of hopeless retrogression and a ray of hope in terms of CIR. Just because one shows new interest, you cannot expect immediate consolation and agreement on what you say/propose.
There were numerous times when members felt a specific campaign and/or item needs to be pursued. Serious discussions happened and eventually the advice of core which gets its info from various sources supported or not. There is nothing to stop you or I from pursuing an option.
I for many months did not understand the rationale and the way the system/politics function in this country. I still do not understand. BUT I do understand certain basic things:
1. How laws are crafted: the process, the resources involved and other technical matters.
2. Lobbying and advocacy: What role they play when dealing with lawmaking. Go read about the healthcare bill and what is happening in the Congress, lobbying, interest groups, associations, ordinary citizens, PACs, non-partisan groups. you might get a taste of what this is all about.
3. Systems: USCIS, DOL, Homeland Security etc
4. Politics: The main parties involved (Dems, Republicans). Who reacts to what and what their core values are. What is left, middle, right. who is where.
5. How national and state politics matter.
I am going to generalize here a bit: A lot of members who get their info from CNN or Google Reader or other 'mainstream' media sources might get either a black or white version of news/happenings. I quickly realized there are numerous shades of gray when dealing with Washington DC. How politics of left, middle and right come into play, which Senator or representative votes which way and why, etc. Listening to a press conference and reading an article on CNN does not give one insight into politics. These are the 'backend' intelligence which I trust core to know and advice us. I do not expect them to reveal their sources nor specific tactics. Most often than not, there is a rational explanation.
In this specific case, my take is: AILA with all their nobel intentions are in the 'business' of making money from folks like us and our employers. There are many shades here and it is not all black or white as it may seem. Like a member pointed out, AILA does not represent just EB or legal immigration. There are other things involved which may be detrimental to us (you do not want to be bracketed in the same category as illegals or want amnesty as an example). Apart from this, timing is critical.
One of the most important parties apart from Lawmakers is our opponents. Anti-immigrants who wants to know tactics, strategy: who we are calling, whom we are faxing, whom we are meeting, how we work, etc. They doggedly follow and couteract many items. For every fax/call/email you send there might be a counter reply from anti-immigrants. When core suggests confidentiality and secrecy, those I believe are not some magic/secret cloakish things but a matter of pragmatic reality. That is the world we are in and to be successful, we have to deal with those realities.
Giving out updated information is not as simple as it seems. These are steps which can be easily retraced and antis can quickly use those steps and backstab us, crippling our efforts. Updated information == tactics. My last point is about: Donors Vs Non-donors. Do you know that you need not be a donor to volunteer ? Try getting in touch with folks at IV. There is a lot you can do and you seem to be the right person whom we need on our side. I urge you to contact IV.
Thanks Qasleuth,
I was resigned to seeing a lot of ire directed my way, and was pleasantly surprised to read your lenghty and reasoned reply. And the important thing was that you were able to get your point across without antagonizing or making me feel stupid and low.
You are bang on target with your observations and explanations. Having been reading IV threads for over three-four years, (or is it five, I lose count), I have always found it to be a great resource. It is only of late that I have been posting concerns and suggestions. So I have been witness to attacks of tunnel rats and others and also aware of their rants and ruses. I saw the advocacy effort of July 2007, and the tremendous synergies generated by IV. The short point is that IV is not new to me, although the converse is true.
Now on the issue of AILA template, your reasoning is candid and well argued. I agree that when I first suggested that we use the AILA template I had not fully considered all the issues that you highlighted. It is a different matter that I have no regrets for having done so, for reasons that I find appropriate. I am sure you have no quarrel with that, having said that each of us is entitled to our opinions and pathways.
Thanks once again, got to go to a meeting.......will catch up later.
caliguy
10-28 06:54 PM
@ vikki76
Where is your case? I am sorry if you have already mentioned it before. If its TSC, please send me a message and I will give you the name of the officer. Please try to call around 4 PM tomrrow.
For all those who have sent me pvt. messages, I will mail you a copy of the letter I sent out to Secretary Napolatino and first lady in the evening today.
wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
Where is your case? I am sorry if you have already mentioned it before. If its TSC, please send me a message and I will give you the name of the officer. Please try to call around 4 PM tomrrow.
For all those who have sent me pvt. messages, I will mail you a copy of the letter I sent out to Secretary Napolatino and first lady in the evening today.
wow!!!..just amazing. But irony is that while your case was pending, nobody informed you that why case was sitting on the shelf.
Never mind- sometimes, no activity is actually good. I am seeing repeated LUD's on my approved 140 and now wondering what is going on.
mirage
03-11 11:16 AM
Congrats!!!
Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.
Is this common and will the online status change in a couple of days?
TSC
EB2 PD Dec 2003
Filed date 08/02/2007
Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.
Is this common and will the online status change in a couple of days?
TSC
EB2 PD Dec 2003
Filed date 08/02/2007
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