vbkris77
05-01 03:41 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
But my friend, CIS has a very very thick skin... So the only language they understand is suit.
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gxtrader
09-06 03:24 PM
My Aug 1 filer friend got his already....
....Aug '06 that is ;)
....Aug '06 that is ;)
Openarms
08-13 02:17 PM
Please follow below thread.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-13.html#post1979373
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senthil1
05-23 09:21 AM
If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
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pd_recapturing
04-25 03:41 PM
I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?
pappu
11-17 03:13 PM
In the email, "The current long green card delays also cause deeply disturbing quality of life issues for the high skilled immigrants� children born inside of US."
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
It should be children born OUTSIDE of US not INSIDE!!!!
It is correct. We are talking about both kinds of kids. And saying that not having greencard affects the quality of life for the family.
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Znan
09-02 11:03 PM
My APs are pending approval, I was told they reimburse if we write to them. Did they reject your apps and paid you back the checks? We also got our cards this 15th, what do we need to do at the SSN office, please guide.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
Thanks,
znan
Hi All,
I got mine and my wife green cards on 21st august, Thursday.
Our case was approved on August 12th.
According to the trend I have seen it takes about 1.5 weeks to get your greencard in hand from the day you get the card production email.
Went to the Social Security office on 22nd. (I had actually calculated the day when I would get the cards looking at the trend on IV, so I had planned for it.)
The moment they see the GC (with a replacement card application of course) they know what to do. I think they do it very frequently.
Should get the new Social Security cards (which do NOT have a line at the top that says DHS authorization required to work), in a week or so.
Also I got I-131 DENIED email 2 days after my 485 was approved (I had applied for renewal). Yesterday got the letter form USCIS in the mail for the denial of I-131.
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gc28262
06-27 09:53 PM
Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.
IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.
Two different things.
However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.
_________________________
Not a legal advice
US citizen of Indian origin
desi3933,
Here is the part of the law that says a job aspirant should not be discriminated by his/her immigration status as long as he/she has a valid work permit( H1B/GC/EAD/Citizenship).
"(1) GENERAL RULE. -- It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment --
The only individual that can be discriminated against is an unauthorized alien. H1B/GC/EAD/Citizen does not fall in this category.
Walking dude's effort will at least highlight the fact that H1Bs are not preferred over GCs/Citizens. In fact it is the other way around. One of my colleague who recently got his GC, was surprised to see so many job offers opening up for him just because he was a GC hoder.
more...
mnkaushik
08-26 02:37 PM
I sent an email to my congressman immigration staffer on Monday, about my spouse's case ( EB2 I, Dec 2005). Got a snail mail yesterday that they did not get a response and are still waitng for a response. Today, i called their office and they said they got a response and the case is assigned to on officer and wait till September 10th. My wife had spoken to 2 tier support on Auguts 5th who said your case is assigned to an officer and you are pre adjucated. We also got a response to our SR created on August 5th, which says case under review. I guess the wait goes on.
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EADplease
08-27 12:09 AM
My 485 application was sent to TSC on July 24th (received on July 25th). No receipt yet and don't know whether the checks have been cashed or not -- my attorney is enjoying her vacation!
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
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anzerraja
07-20 02:47 PM
Let the thread continue until Monday evening. Meanwhile let us add a poll asking the members in this thread to vote and then decide on Monday evening. Meanwhile the drive will continue.
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
Options might be
I donated towards reimbursement and that is where i would like to see it going. If not i will withdraw my pledge.
I don't care and will stand by the pledge.
Whichever thought prevails as the most valued opinion , we will go with that. Any thoughts ???
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chapper
07-09 12:50 PM
My .02 cents.
Hey All,- I've not been that active, but will try to be hence forth. Below are my proposals to rephrase the present 'Flower Campaign" press release. I'm open to suggestions.
I felt the need to explain "why the over subscription and what part USCIS had in it" and also in the mean time point to the "overzealous work done by USCIS on June 30 and July 1st".
Sentence in the press release: However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
My take on this: Due to inefficiency of USCIS in the past years, 187,000+ visas have been wasted according to Ombudsman report. This act is to be blamed partly for the present scenario of over-subscription of thousands of law abiding and tax paying highly-skilled workers, including engineers, scientists and health care professionals who have been waiting patiently for years in order to be eligible to apply for their Green cards.
USCIS's sudden backlog reduction efforts during the past month have resulted in the use of almost 60,000 Employment numbers among which 18,000 were used on June 30 (Saturday) and July 1st (Sunday) according to (Quote source).
Thanks.
Hey All,- I've not been that active, but will try to be hence forth. Below are my proposals to rephrase the present 'Flower Campaign" press release. I'm open to suggestions.
I felt the need to explain "why the over subscription and what part USCIS had in it" and also in the mean time point to the "overzealous work done by USCIS on June 30 and July 1st".
Sentence in the press release: However, due to over-subscription, thousands of highly-skilled workers, including engineers, scientists and health care professionals have been waiting patiently for years in order to be eligible to apply for their Green cards.
My take on this: Due to inefficiency of USCIS in the past years, 187,000+ visas have been wasted according to Ombudsman report. This act is to be blamed partly for the present scenario of over-subscription of thousands of law abiding and tax paying highly-skilled workers, including engineers, scientists and health care professionals who have been waiting patiently for years in order to be eligible to apply for their Green cards.
USCIS's sudden backlog reduction efforts during the past month have resulted in the use of almost 60,000 Employment numbers among which 18,000 were used on June 30 (Saturday) and July 1st (Sunday) according to (Quote source).
Thanks.
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gc_bulgaria
09-20 01:20 PM
EADplease,
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
I called them and reached an IO officer and told her that I see my checks are cashed and there is a receipt number behind the check but its illegible and can she confirm the numbers for me. She asked for DOB, address, full name etc. and then gave me the receipt numbers for EAD, AP and AOS.
But if your checks are cashed then the receipt notice must be in the mail.:)
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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at0474
03-26 11:19 AM
Are we sure that there are around 5-6k EB3 pending in the years 2002 and 2003. If thats true then it will take atleast 6 more years to process all the EB3's for 2002 and 2003 :(
--But I am hoping there would be a spill over in june/july. That should give some extra numbers. But who knows...
--But I am hoping there would be a spill over in june/july. That should give some extra numbers. But who knows...
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same_old_guy
10-27 01:33 PM
There's no way Skill Bill can pass in Nov or ever. No matter how loudly you shout "America's loosing talent" ! ( like we really care ! )
You have plan B ready ? Not yet ? You better start working on it !
:(
You have plan B ready ? Not yet ? You better start working on it !
:(
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manderson
10-05 01:38 PM
nk2006,
please post contents of that yale article (your link is not working).
On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
please post contents of that yale article (your link is not working).
On the topic of “getting some of our measures during lame-duck session”, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it’s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B’s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.
=======================
This is from a leading corporate immigration law firm’s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:
The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================
your comments / speculation / educated guess.......??...
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atlfp
05-05 10:36 PM
He introduced the bill because he knows the problem very well. So we don't really need to flood him to push him (to thank him makes sense). The focus should be try to get other Senators onboard.
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
keep pressure on Cronyn to put it on debate by contacting him by fone or fax
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nik.patelc
02-09 09:42 PM
Contributing 50 dollars monthly...
I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
I m sure all members can hire IV for legal advise.
2) Create a community and help members who lost jobs recenlty...
Regards,
Niraj
I have seen IV actively working on behalf of all us (non immigrants). but i do think we (IV) can do more if all members contribute . I have few suggestions ..
1) if all members contriute monthly and having sufficient funds, IV can hire few lawyers to provide legal advice on inexpensive rate.. directly competeing with Murthy and others....
I m sure all members can hire IV for legal advise.
2) Create a community and help members who lost jobs recenlty...
Regards,
Niraj
pamposh
09-15 03:05 PM
You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.
you are right we were not brought here on a gun point but at the same time we did not beg anyone to bring us here... it is entirely a two sided business deal... and no one is doing any favor to anyone here ... we are doing our job and they must do their's. and yes we are "Highly Skilled" and we do deserve repect and our voices do deserve to be heard. Sure they can put an Ad in any newspaper and replace me with someone else but the question here is not about you or me... it is about the "LEGAL IMMIGRANTS" and which in that case would include anyone who they bring in to replace me.
Ram_C
11-06 02:09 PM
Yes, case was originally filed at NSC on July 2nd and on august 24th it got transferred to TSC.
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
Does the transfer matter here, because dingudi's case is not a transfer case and he's still waiting...
not sure how far its true but came across some posts on http://www.immigration.com
stating that transfer cases from NSC-TSC are facing some delays in FP (even after SR) compared to NSC-CSC-NSC cases. heard couple of success stories with SR from NSC-CSC-NSC cases.
I'm also in the same boat, haven't opened SR yet.
good luck :)
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