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  • kopra
    08-25 09:03 AM
    I Remember US companies directly recruiting from India during 1997-99 .This was a very costly affair for the companies. They used to take phone interviews, and then sponsor the H1B for the employee with very high Compensation, pay the tickets for employee and family( usually first class) , give hotel/furnished apartments for 1-2 months, Rental cars etc. This was done when there was a genuine need for the company to hire H1B's as they could not find enough qualified people in US. By 2000 the equation changed and small H1b companies started appearing like mushrooms in most of the big cities who asked for H1B filing fees. Companies were also gaining from this as they have no legal hassle of H1b and the rates were competitive.



    I understand taking money from candidates to file H1 is non-sense. I haven't come across any company that does that when I applied for H1. I contacted couple of H1B sponsors. None of them asked for money. I was really happy the way I was treated by my sponsoring company.

    However I dispute your point "some companies file petitions when there isn't an immediate job offer".

    There is nothing wrong with this. That is the way consulting works in USA. It is a legitimate business model.




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  • chanduv23
    09-14 10:59 AM
    Opening threads and then burying them deep like any other thread does not help us.

    Thousands of threads were opened like this and everyday we see new threads.

    I strongly recommend
    (1) Update your profile with true information
    (2) Pledge with honesty
    (3) Join a state chapter and make yourself visible and available to IV.

    We can go from there

    There is no other way to organize 70k or more people where everyone just open threads, discuss and then open new threads and discuss and ..... it goers on

    I say this from experience - there are people working day and night for IVs cause - with a lot of dedication - there are free riders and majority of people are sitting on fence - want to do something but not quite sure what/how /why and are lost opening these threads and discussing.

    Channelizing your frustration, your energies into positive energies will help us achieve our goals. So please decide if you want to move forward and do something about it - State chapters is the best route for contributing towards IV stuff




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  • test101
    07-08 03:00 PM
    in 2005 there was visa recapture for nurese (50,000). Why can not this be done now? They could have simply post information in June saying July Visa bultien revised. Why costing people all this money ? The least the USCIS should do is not to reject all these applications and but them to be processed in Octobor. It's not only miscomunication it's miss managing as well.




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  • jthomas
    12-17 07:54 PM
    I read and hear the same thing over and over again, NO SAVINGS,

    It is also true for me, NO SAVINGS, We all earn a better salary from others since we are high level professionals, born from a indian family. Where are we wrong.
    my first 3 years used to save money, from last 3 years i have no savings. better lifestyle than india. Canadian green card backed up. paid paid money to immigration lawyers for US and canada. , NO US education. Helped friends and relatives financially. Setup a business in india, just doing Okay.
    Now i am thinking is it worth staying in US away from parents.



    1. Good health (which we often take for granted)
    YEs

    2. US born kids (at least they are citizens, if that's important to you)

    Not married no kids
    3. US education (a different experience for sure)

    No us education
    4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)

    No savings no big salary
    5. Good work experience (this is transferable and more or less ensures a decent future)

    Yeah just started career
    6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)

    Dont know about that

    Been herr from 7 years..



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  • ragz4u
    05-02 12:38 PM
    I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.

    I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though


    believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree


    I disagree with this too. Here are a few examples
    1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
    2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
    3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
    4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
    5) Sheer ignorance on the part of the beneficiary




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  • greenguru
    09-10 02:25 AM
    vdlrao,
    could you share your opinion on EB3 ?please

    tks



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  • Legal
    07-27 11:39 AM
    Its unfortunate that you ask us to UNITE and use 'EB2 elitist protectionism' in the same breath. I am not even going down the road of EB3 'smarter' than EB2 because a reverse argument is equally valid if not more. The law as stated above is what it is - there is a clear categorizaton established by law. If there is a level of frustration with it then a campaign to change it makes sense. However any proposed changes that arbitrarily assigns visa numbers just because 'my HR filed it the way it got filed' then you need to check with your HR and port over to EB2 - if you think your private US degree qualifies you for it. The position determines EB2 or EB3 and I'll leave it at that.

    I have no problems in people expressing their opinion in an open forum and lobbying for change. The devil is in the detail. If the change means taking the EB2 excess visas to give to EB3 purely based on length of wait then I have every right to present another point of view - elitist protectionism or not.
    I have only seen implications to this effect but nobody has come forward and said it plainly - yes we are EB3 and we want the EB2 excess visas because we have waited seven years. Everybody seems to imply it but nobody wants to call it as plainly as I stated it above. I am only presenting a counter to that.


    and accurate.




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  • WaldenPond
    07-20 12:00 PM
    Hi everyone,

    I am flattered and extremely grateful to all of you for thinking about this. However, Immigration Voice has made it a policy to use the funds available for advocacy and in order to do that we have chosen not to reimburse expenses for anyone. We will in future, change this policy and reimburse expenses for travel and stationary if it is affordable to do so without running short on funds for advocacy. There are a lot of people who have spend money from their pocket on this effort. Recently, Gopal, Tamsen, Anand and many other had spent money to organize rally and make the banners for San Jose rally, Jay have traveled to DC multiple times on his expense, Himanshu, Vineet, Pratik, Ashish, Nagaraj, Naren, Alok and other members of the core team have all spent resources from their pocket. And there are a lot of good non-core group members who have kept the faith and have spent from their pocket and writing all their names will fill up many pages of this thread.

    If I am unable to get reimbursed then I would not regret at all because I truly believe that every penny was worth the effort and I am lucky that I could do this for myself and this community. This community is not about one person, it’s about all of us and it’s about this broken system. I am nobody as an individual but we are collective a very big community. We need to stand up for ourselves so that few lawmakers will not take pride in beating us down by their false rhetoric on the Senate floor. As you have witnessed lately, these lawmakers think that beating us down is like a low hanging fruit and every time they need to improve their ratings, they could simply do some empty rhetoric. And when we all stand-up for ourselves, together, it will be time for this bigotry to end.

    Please do not collect or send funds with the intention of reimbursement for me or any particular core group. Please continue contributing to our organization in whatever capacity you can. Please become more active in the state chapters. In the beginning the response will be slow and sometimes discouraging. But if you are persistent, you will be able to motivate others in your area and raise the level of participation of other members. Please stand up for yourself and not expect lawyers or employers to do “something” for you. For too long a lot of people have taken advantage of this community. Some lawmakers have even taken pride in beating us down, knowing well that we do contribute towards the progress and pay the taxes and do our due share in the society. We all need to realize that it doesn’t end with whatever we have been doing at our jobs, because if we want our issues to be addressed we have to organize and act as community. And there is nothing wrong with organizing a community. We all have witnessed our strength when we all collectively acted as a community responding to the recent visa bulletin fiasco. We won because of the participation of everybody who sent flowers, participated in the rally and participated and helped behind the scenes in these activities.

    So please keep this in mind. For the core group, your involvement is as important as your contribution. Participating in phone campaign, fax campaign, flower campaign, street protests, video campaign -- all this is a billion times more important for our success. Contributions are also welcome but your presence on the street and your face on the videos is of paramount importance for coming months. Please follow every single action item both on this site and the ones you get in the newsletters. In order to get newsletter, keep the email address and contact information in your profile (of IV account) up to date.

    My wife and I received our green cards in June. But all it doesn’t end with a green card. We will all continue to have same set of problems. This IV generation will be facing same set of problems in the future, regardless of the country of origin. The question is, do we form a new organization from scratch whenever a problem knocks at our door or do we continue to be part of an effort which can take on any challenge for this community. So if you have received your green card or if you are at any stage of the process, in the long term, we should all act as a community to see greater things happen for all of us.

    Thank you everyone for your thoughts.

    Take care,
    Aman Kapoor



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  • Zeb
    07-26 09:08 AM
    but if we take rental, dont they ask why u brought rental?


    Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.




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  • GCStatus
    09-13 10:16 PM
    Based on my brief experience with the American legal system (i.e., my greedy blood-sucking incompetent immigration lawyer), I don't think I want to get entangled in the American legal system.

    I will start with the letters and see what unfolds.

    Yes.

    We have thousands here. We take just 1000 people and if everyone contributes 100 dollars - its 100,000 dollars. Just an estimate for lawyer fees incase we get that far

    We are from BHARAT. Its a loaded statement. WE dont lose.

    TOGETHER WE STAND, TOGETHER WE STAND my brothers and sisters.



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  • vij
    06-14 02:36 PM
    Did any one filed on june 1 and still waiting for RD notice




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  • amitjoey
    07-09 04:57 PM
    Please use the resources already available, there is a write up, also there is a pdf and a html version by english_august.



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  • psaxena
    09-10 03:58 PM
    Plain and simple question, are you a donor or a volunteer.. if yes.. then you must be aware of
    the different initiatives that IV has taken up for EB3, which I guess you are not aware of.

    As you don't want to donate or volunteer what makes you think that you can tell IV on what to do and what not to do.. Are you even associated in anyways.

    I have never ever seen such a big thankless following of a group. Everyone is in trouble and everyone has problem but cannot donate.

    Wanted to write a lot more , but I think its not worth it. I just hope your conscious makes you feel ashamed of this attitude of yours.

    That should not be the case. It should just concentrate on EB3-I. Period Because that is the only category that has to wait for centruries to get any movement.




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  • mrajatish
    05-04 03:22 PM
    So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?

    Plus in a lot of fields, having an MS or PhD is absolutely necessary.



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  • desi3933
    06-26 09:04 AM
    .
    For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.

    Now, in order to qualify as person who has been wrongly discriminated
    1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
    and
    2. he/she MUST have applied for the job.

    Employer can not discriminate because of
    1. Expiry date of EAD
    2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)

    Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.


    ________________________
    Not a legal advice.
    US citizen of Indian origin




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  • gauravster
    05-01 01:58 PM
    Looks like this is a good idea. Even if FB2 is not current, USCIS might allow applying for 485 in such cases.

    Maybe someone more knowledgable or from the core members can throw some light on this.



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  • gclongwaytogo
    10-12 03:29 PM
    Called just now and the agent gave me the receipt numbers for 485 and EAD. No details about AP.
    Sent to NSC on july 2nd. Received by them on 3rd.
    Had LUD on approved I140. (Transferred to TSC)
    RNs start with LIN!!!




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  • Carlau
    06-18 10:48 AM
    Mailed to NSC on: 1st June
    Mailed From State: VA
    Received at NSC on: June 4th
    140 approved from : NSC
    Receipt Date : Still Waiting

    Cheque Not cashed as yet

    Priority Date Sept 2002

    Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?




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  • eb3retro
    01-31 12:25 AM
    Do you have a brain? seriosly... .. I wish people like u suffer through what everyone else who has lost a job or in the bnech go through...

    So why the hell u came to the country... i think u are one of those cheap ass off shore guys who is onsite and showing off.. man

    dont come to me mouthing off again... i did my master's here and i got job in OPT and my company sponsored my H1. I have friedns who sufferd through the phase of not getting a job and had to go through the desi consultants.. they were in no way inferior to u or me.. plain bad luck.. u ask them to go to their home country is it... moron grow some brains

    so venkat, i have a qn for you? only people who studied here, got opt and h1 are the brainy people huh? In your opinion offshore people working here on H1b is cheap ass? Could you please enlighten everyone here as to how come you came to this conclusion?




    desi3933
    06-26 04:02 PM
    " Why don't you sign unless it say until and after 1 year approval. You can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose " - DSJ

    I dont have a problem signing 1 yr agreement because my 140 will take at least another 8 months ( Feb 08) and by the time next years budget opens up for good new Jobs its already Mar 08.

    But my concern is if my employer wants me to hang on with them till 485 is approved and then 1 more year

    I meant "whole sentence from the employment agreement". All depends on the wordings. If your agreement is linked to I-485 approval date then there is a way out. Every contract must have well defined terms. Since date for I-485 approval is not known, such contracts are difficult to stand in court of law. However, if it says "the employee must work for 2 years or 6-months after I-485 approval date (whichever is earlier) otherwise he/she will pay all GC related expenses" then the contract is more likely to be enforceable.

    All depends on the wordings of the contract.

    Please consult a good lawyer BEFORE signing any contract.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com




    senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?



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