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  • go_guy123
    04-16 01:19 PM
    often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.

    but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.




    Actually those who have come here have invested too much time and energy and want to to go through the last few miles. Thats why they are not going back.

    However the quality of students coming to US universities for masters in engg side has gone down a lot over the past 6 years or so.





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  • coolstonesa
    03-27 06:18 PM
    If I read you correctly, and if someone from IV does appear before congress, we should expect BEC mess/failure (PBEC in particular) also being brought to the attention of the lawmakers, not just the retrogression. Correct?

    And so are other 3 in the core group. We are as concerned about back logs as you are because its a personal battle for us too!





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  • casinoroyale
    06-25 05:30 PM
    1)Now a days AP renewal is taking 6 months


    Which service center? Guys, is this the normal trend? I guess the processing times webpage is showing ~ 3 months.

    It looks like not many people are applying for AP renewals, this is simply my observation based on traffic on this topic in IV.





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  • BECsufferer
    05-13 02:04 PM
    When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.

    Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
    As per this rule, USCIS is not actually feeding the hungry.
    Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
    If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.

    Dear unknown friend;

    The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.

    In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!

    My apologizes in advance for all those offended. Please remember it wasn't my intent.



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  • alien2006
    10-24 10:19 AM
    I know a EB2 India application (obviously not mine) that was approved after this July fiasco and no where I could find his PD date current in those previous months (except July where everyone was current). After this guy got his GC, I am convinced there is no "system" in place. It is all random and you can't really predict anything. :mad:

    Congrats OP :-)





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  • valuablehurdle
    09-06 11:34 AM
    Just for ALKPD....


    I donot think I deserve $180/hr.... Right now I make $85K plus a 10% bonus.

    You are missing the point. I do NOT think I am SPECIAL. I have an MBA from a US reputed Univ. plus 5 years of experience... I do assessment of their existing IT systems and give recommendations.

    My logic is differrent.. This is valid for US born people too. WHY would a company pay $180 an hour to a consulting Co. for the same skill-sets.... however, when you go to them directly they will just pay you $60-$70.



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  • browncow
    06-09 09:25 PM
    I have been thinking for a long time to own a gun but due to my H-1B status could'nt own one. My I-140 was approved last year and now I am working on EAD.

    I am wondering if anybody else in a similar situation purchased a gun; I mean after he/she started working using EAD. I tried to research the issue but the law is not clear on the subject.

    YOu stole my profile picture, stop doing that, or you WILL fail.





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  • pcs
    05-22 03:08 PM
    All members...

    Please contribute



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  • WeShallOvercome
    08-16 01:06 PM
    How about not resigning 'officiallly', but taking another job?

    Most of us work for consulting companies, if we stay with the sponsoring employer for 3-4 months, then go on leave(paid/unpaid), and then 'come back' and ask for work/project.... they might not have a project just ready to take you in. In that case they may ask you to resign or else they'll have to pay you (they can't keep you on bench anymore...) or they may fire you..

    Are you any safer if the employer fires you?

    OR something along these lines...





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  • vpgreencard
    09-12 07:57 AM
    I am also on EAD and recently booked an house. Just pay 5% down payment and enjoy. I want my Kids to be raised in good neigbourhood and school. If my GC rejected , I will happily go back to India.



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  • kaisersose
    07-09 11:29 AM
    I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

    Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion

    Everyone who changes jobs under the protection of AC21, must do so under the assumption that the sponsoring 140 will be revoked.

    It is not a matter of our convenience. If you quit the sponsoring employer and he has no intention of hiring you again after your GC, then what is the sense in him retaining your 140 for no reason? It only adds complexity to some employers as dangling 140s are counted to evaluate their ability to pay. So even if it is not law, it makes sense for employers to revoke 140s of employees who quit them.

    AC21 protects you from such a revoked 140. We have seen some cases where revoking the 140 - even after the 180 day mark - has resulted in 485 denial. This is a mistake from CIS and is easily fixed.

    Expecting the previous employer to hold on to your 140 is not very different from expecting him to keep your you previous job open for you - just in case.





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  • joydiptac
    02-11 04:51 PM
    Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
    **

    Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?

    First try to figure out what the previous company has done.
    Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
    I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
    & please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.

    If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.

    All the best!



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  • smuggymba
    12-31 11:11 PM
    So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?

    Why are you calling it a garbage can when you are destroying your life after it and getting depressed and stuff?





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  • solaris27
    09-06 04:08 PM
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  • amitjoey
    05-10 03:31 PM
    My 4th contribution today $100 - from my bank

    Immigration Voice
    Member ID : chanduv23 $100.00 05/16


    Contributed $400 so far along with this.

    IV is doing a great job. Great going IV.

    Thanks chanduv23, We need more people doing just that. How about first time contributors?.





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  • chanduv23
    11-08 10:58 AM
    I work for Fortune 100 company and we are celebrating Diwali on Friday. There are flyers on all the corners and are expecting more than 500 co-workers for pot-luck lunch. And the best part, organizer and main activists are non-Indian. So its just another festival in the mix that everybody is looking to enjoy. This is our first gathering followed by 4-5 more before end of the year.

    Yes, American society is a cosmopolitian society and every culture is respected. Thats why it is called a melting pot.

    The only way we can achieve unity is through social greets and making everyone get a feeling of togetherness.



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  • vdlrao
    09-07 03:36 PM
    Hi,


    Are there upadates on the info file that we have filed to know the approved lobors in each category by year(month) wise. Can you please update us.





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  • walking_dude
    09-22 02:10 PM
    Let me be objective, as much I can be, here.

    ....there would have been more than 2,000 in DC.........but clearly they did not.......i was willing to give it a shot - but unfortunately could not and did not want to specifically postpone something else to make it to DC.......




    Dear Sir, you didn't attend ,thinking that it was unworthy of postphoning a meeting. And yet you lament not more than 2,000 attended.

    I don't know whether to laugh or cry at such statements.




    .........those were different times and different issues.........colonialism, racial discrimination etc........who would employ us in the future...in Gandhi's days - they did not have electronic background checks......!!




    The core issue is the same, back then and today - fight against Injustice, ill-treatment of human beings by Government.

    Here's why Gandhi inspires people like me in our struggle.

    "BE the change you'd like to see in the World" ( Gandhi's polite way of saying - cribbing doesn't help. Do it yourself, or ....)

    He also said - " It's a bigger sin to suffer injustice than committing it" . [ He wasn't appreciative about Do-Nothings. Not at all. He called them the "greater sinners", as their silence encourages even more injustice]

    I agree with you on one thing though. Gandhis struggle was bigger than ours. Ours is nothing compared to it - You talk of no "background checks" in Gandhis time... when people used to be beaten on their head for marching peacefully. Many of them would bleed to death. Our struggle may be inspired by Gandhiji, but we will never be able to match the sacrifices made by othose martyrs. We may be inspired by Gandhis principles, but we can never be the Gandhi.

    But the least we can do to respect that great man, is to follow some of his principles (like those stated above) in to our daily lives. Is that too much to ask?





    Another take - if US can have an endless source of temporary workers coming in, paying into income tax and social security taxes and medicare taxes for a few years......and going back without claiming a single dime of social benefits......its the best possible situation for US....a forever young, qualified, minimum wages (i.e prevailing wages) earning tax paying transient population supporting/ subsidizing an archaic and otherwise struggling social security and healthcare system.


    Another of those arm-chair conspiracy theories. Knowledge retention is critical to companys success. A guy fresh out of college is never equivalent a guy with several years of experience in the same field. Dollar value is dropping, Rupee is rising, salaries in India are rising. If people cannot get GC in a short period of time, there would very little incentive in coming and working here. As you must be aware most H1s these days are used to outsource work to India (by Infy and others), and not to get people to work permanently here. I suggest you read the Kauffman report thoroughly to understand the situation.


    .....to create a nice "politically correct shield" for people's own private agendas (and the collective agenda of all of us) - to get a GC. Are we here to improve america's competitiveness (if that was the primary purpose of our coming here - shame on us for not staying back and improving our respective motherlands' competitiveness) or our own future - if the latter - lets call a spade a spade.........


    I admire your gall in dismissing us as shameless, self-serving, unpatriotic liars,in polite words of course , while doing absolutely nothing to help our cause.

    Let me put this politely. "Don't do unto others, what you don't want others do unto you". Don't cast aspersions others, if you don't others to cast aspersions on you.


    so - whats the "so what" from my post? is it to critique what IV is doing - no! The "so what" is - unless there are drastic and dramatic measures - concrete changes are not possible........small procedural victories - maybe........drastic change.....no way!



    Dear Sir, what do YOU suggest that we do? You think peaceful rallies won't work. On the one hand, you suggest only disobedience movement will work. On the other, you scare us ,saying if we do that we are in deep-six.

    In other words, you'd have us 'Do Nothing At All', and hope that our issues will vanish miraculously by the magic of Harry Potter.

    Dear Sir, you deserve a Noble prize for your theories





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  • alterego
    02-01 02:13 PM
    Logiclife,

    Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.

    Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?

    My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc

    Please read below.

    ================================================== =
    japs19
    Junior Member Join Date: May 2006
    Posts: 22


    My story...

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

    I feel like sharing mine as mine is the most horrifying.

    After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.

    I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
    They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
    My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
    I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
    So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.

    I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
    I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
    When you hand them both, you might feel you are doing it in full disclosure,
    however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
    The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.





    GooblyWoobly
    09-12 09:57 PM
    welcome to the world of retrogression. it is only going to get worse from here on out.
    with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.

    I see this prediction every now and then. Why don't you guys get your facts straight. Retrogression will remain the SAME. The pace at which they process GC's is not going to change. It's just applications moved from your home queue to the USCIS queue. Why would that make retrogression worse?? Think before you talk!!





    IMGPAT
    07-06 11:15 AM
    My lawyer is saying that even if you want to file I-485 now, the USCIS has advised Fedex and UPS not to deliver any mail to that PO BOX. In that case I am not sure how one could become member of the class action law suit.



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