Monday, June 27, 2011

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  • rajuseattle
    08-15 03:52 PM
    It could be the mass system update at TSC as indicated in other forums.

    Lot of folks at TSC are experiencing this LUD on 08/12




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  • walking_dude
    10-08 02:31 PM
    Please donate $5000 to IV and they'll make it their top-most agenda

    /sarcasm off

    Action item for IV, besides visa recapturing etc. Its one of the items they
    should add to there agenda.




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  • gemini23
    09-27 03:57 PM
    got my receipts today.

    Case Details:
    i-485/EAD/AP sent on 7/25 and reached NSC on 7/26 for my self and my wife.
    i-140 still pending at NSC.
    Got the receipts for all 6 cases from lawyer today.
    i-485 for me and my wife got transfered to TSC and pending.
    Case status shows Received on 7/26 and EAD approved for me and my wife from TSC on 09/26.
    AP pending in TSC.




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  • alterego
    03-07 03:54 PM
    I don't think people are in reality. We are in an environment that we have to be diligent that they don't make it harder then what it is; rather then making it easier.

    People started playing the devils advocate that if there is quotas on EB then there should also be quota on H-1b; sort of trying to say if there isn't quota on h-1b then there shouldn't be on EB.

    A little while ago; some Indian nationals who were here on H-2 visa to help with re-construcing mississipi and louisiana after hurrican katrina got the bright idea to do a march and go public with their grievances. Their grievances were that they paid $15K to come to USA; they were given poor housing, poor working conditions and they want to get greencards.

    Do you think they got greencards? No; now the law has been changed to not include India as part of H-2 visas.

    Everyone should try to understand the reality that we are in.

    I agree that legislators are very aware of the difference between the H1b issue and the green card issue. Yesterday on CNBC, Larry Kudlow interviewed Sen. Grassley from Iowa on this topic. When Larry was asking about these workers contributing to society, buying homes, starting companies etc, Sen. Grassley told him he was mixing up two separate issues. Basically he only wanted to talk about the H1b issue.
    The sad truth is these guys(like Sen. Grassley) are anti immigrant period(they give you all the blabber about I am 3 generations separated from immigrants etc. but that is quite simply them satisfying their conscience/the public conscience on this issue, I always wish the interviewer is an American indeginous Indian), and instead of saying so openly, they combine the issues when convenient and separate them out when not so. I agree with you that it is not because they are not aware. Right now their focus is on stomping out fraud, he mentioned cases of people coming on H1b and running laundromats, or working in different locations to what they are certified(ouch). The new quota that opens up on Apr. 1 will indeed be a watershed. I am expecting really restrictive and nasty legislation in time to greet this. I truly hope for very few applications, so the Hon. Sen. understands that this is a demand driven issue for the most part and fraud where it exists can be addressed but not with blanket legislation which effects can be unintended.
    Nonetheless this issue of Country caps has become so draconian that if indeed the US changes its policy and institutes country caps on H1bs as your posting suggests they might in the end, then we will have things go in a certain direction.......protectionist, and there will doubtless be backlash. As it stands the current insensible policy is such that people come on H1b, settle into a job, have their US citizen kids, accumulate enough social security credits, savings etc and then facing an inordinate wait, perhaps even have to leave, what do you think the result is going to be? Well, the return to India where US employers given their US experience/education are more comfortable hiring them hence more outsourcing, then their US citizen Kids return for Gov't aid/loans to college, then they sponsor their parents to come in and receive social security and medicare etc. while their working contributions and taxes would have accrued to another country. Really? Does that sound like good policy?
    If the US chooses to Cap Indian H1bs fine, let it be, however continuing such policy only leads to and effectual ban on EB green cards for Indians.



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  • 24fps
    03-08 11:27 AM
    The situation on the ground is this:

    L-1 extensions for software related jobs are pretty much now dead. TCS, IBM, etc., are getting denied. USCIS has changed their definition of "specialized knowledge". Now, "specialized knowledge"means no on in USA has that knowledge and cannot obtain that knowledge through training.

    Staffing companies; small companies or companies who are h-1b dependent (larger comapnies) are stuck in Vermont Service Center. There are some that aren't having problems but usually it starts with one case stuck in background check; followed by a few approvals; then another one stuck in background check and then all of a sudden all cases are stuck in background check. The scrutiny uscis is giving these types of cases is tremondous and they are denying all of them. Right now; if you monitor the forums you are starting to see the denials. However, vermont service center was sticking cases in background check since fall of 2007. Now; those cases are being worked on and denied. We are just at the beginning of this.

    Traditioinal American companies; h-1b and greencard have become toxic and political. Many of them aren't filing greencards for people due to layoffs or too many poeple responding to the advertisements. I haven't seen h-1b issues with them yet. However, if they are not going to do GC then what is the point.

    Staffing companies had easiest time filing labors becuse they don't layoff people. However, after Iowa issue now they have started cancelling h-1b's for people on bench, etc. There are so many transfer requests in open market right now; but companies aren't filing because they are getting rid of their own people and it would be foolish to bring on more people in non productive status. However, when they are cancelling h-1b's and sending people back; it is a layoff and that would preclude them from filing greencards.

    I do know of one person working at FEDEX as a permanent employee (she has greencard); she told me that FEDEX has taken the detemination that they will not be filing greencards for anyone in the near future. Person can stay until duration of their h-1b but then that will be it.

    perm labors used to go through in matter of days. Anything mor then 3 weeks was considered a long time. Now; there is high rate of denials and DOL turning up the scrutiny as to layoffs and general workforce in the place of inteneded employment.

    IT IS NOT A FUN TIME FOR ANYONE CONNECTED WITH IMMIGRATION RIGHT NOW.

    WOW thats rough! just recently a friend of mine who was on the o-1 visa (in the entertainment industry) applied for an extension as his third year was up, he got rejected!! this is unheard of in the o-1 visa (unless you commit some crime, which this guy never did etc) the o-1 doesn't even have the "displacement of american worker" clause that can be used to reject extensions, and once the "extra-ordinary" ability is proved how does it diminish??

    With all this BS going on they might as well shut down immigration for a few years.:confused:




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  • kg318
    04-22 09:44 PM
    After reading this post completely, here is my take. There are 2 things to view here:
    1) employer and employee conduct.
    2) non compete.

    employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

    employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

    Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

    Lastly, if you consult an attorney, any good attorney should tell you 2 things:
    1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
    2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

    I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

    1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

    2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

    3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



    thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
    Anyways will try ur way and see how it goes.



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  • laborchic
    07-06 04:41 PM
    How about sending the flowers to many people rather than sending it just one person???

    If 200 different people in DC get flowers then it will definitely create a larger impact than sending it one single person. .. Atleast thats what I think ...


    We can very well send them to White House as well.. I know president responds to them with a nice autographed picture of himself alongwith first lady..




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  • dtekkedil
    07-03 11:50 AM
    Lets see if July 9 will do as much to Emilio as July 2 did to the GC aspirants...

    Looks like FTD doesn't deliver on Mondays! Lets us make it Tuesday July 10th! Gives us another day to get more people to sign up :)

    I've scheduled mine to be delivered on Tuesday July 10th.



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  • maag
    05-05 01:16 PM
    Shekhar....any update?

    anyone else who did landing recently please post your experience

    my PR expires in June, need to decide to do landing or not?




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  • factoryman
    06-05 10:20 AM
    The question is: Is he milking you or your your company? LOL and UDD.

    UDD for use due diligence.

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.



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  • sai948
    04-05 11:30 PM
    I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.

    I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).




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  • kannan
    02-15 11:25 AM
    Me too, No FP till Today.......



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  • makemygc
    07-07 09:01 PM
    ---
    Just came back, here is my report:

    - There were five Chinese and seven Indian people at the march. It was small fun group.
    - The group was small but the outcome as you will note from my report below was productive
    - Fighnow, who is the Chinese member of mittb.com had initiated this 7th July march, because of the short notice we couldn't publicize this event but still it was good to see a bunch of people show up.
    - Fightnow, and his friends were fully prepared with big banners and all, with appropriate slogans
    - In the beginning there was some police presence but they left an hour later, I guess because of a small group
    - We carried our placards and banners on the sidewalk and got lot of "honk" support from people driving by.
    - Luckily a Chinese TV station happen to be in the area and interviewed many of us. The station is called KCSN 30, if I remember correctly and this news story will air on Monday evening in Bay area. I will post details about this after hearing from fightnow.
    - The parking is free on weekends.
    ----------------------
    What we need to do is:
    - Organize a bigger march on 14th July
    - Organize a similar event in DC if possible so get more mileage
    - Prepare some banners and placards etc.
    - Bring water, it was warm
    - Have fun
    -----------------
    Let me know if you have any questions or suggestions

    All kudos to you guys. Hope we can organize a bigger rally in DC sometime soon. Time to come on the roads now. People needs to know.




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  • amitjoey
    07-09 07:37 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.



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  • kysrek
    06-14 03:31 PM
    My I-485 was mailed on June 1'st. Attorney haven't received receipts yet.
    But my checks to USCIS got cashed yesterday. There are two numbers starting with SRC......but I dont know why there are two numbers instead of one.




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  • learning01
    06-05 03:35 PM
    Is Lin for Lincoln, NB or something like that? Is one I-140 and the other I-485?

    Did some investigation into the LIN/WAC number series that was issued starting from June 1...here are the details.

    WAC071795xxxx - June 1
    WAC071805xxxx - June 2
    WAC071815xxxx - June 4
    ......


    LIN071735xxxx - June 1
    LIN071745xxxx - June 4
    ......



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  • chandarc
    07-21 10:24 AM
    chandarc July 12 2010 --------------- Automated email response


    First I like to thank you all those whose support me in this action of trying to eliminate the country and category based spillover usage. I see that there are lot of unrelated comments and discussions going on in this forum, let's not get ourself diverted and please focus on our mission to try to implement the usage of spill over visas based on priority date. There may be some unrelated comments still coming in, also some may discourage our actions, let's please ignore those, instead of responding (which just feeds them to write more).

    I like to know who all have already contacted their local Congressman/woman for this issue. so let's take a poll by adding your IV id to the following list,

    IV Id----------------Week of Contact-------------------Any update
    Sanhari --------------- July 12 2010 --------------- Automated email response

    Thanks again to all those who support this cause, let's continue to do our part and hope for the best for us to happen soon....




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  • gsc999
    07-08 10:51 PM
    Thanks to the three members for volunteering.




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  • decipher
    05-23 11:51 AM
    mailed 2(CA)+20




    vishage
    09-28 03:48 PM
    Did you noticed any LUD before check cashing as you got receipt from california. I filed on July 20 and no news yet.

    Hi chunky,
    I had mailed the application on 24th july to NSC, has a lud on TSC approved 140 on 28th , Do you kow wht it means,Thank you for your reply.




    GC2006TSC
    11-17 03:16 PM
    Done!!!



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