leo2606
08-11 10:34 PM
Technologies doesn't matter as long as job description is same.
Not a lawyer but...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Not a lawyer but...
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
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Drifter
04-06 02:59 PM
A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.
alterego
12-04 08:14 PM
this sounds more like, "Ok so you say the glass is half full, why is that great now?"
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
It is a feel good factor; you still want to be cynical, go right ahead, no one can take that away from you.
You call it cynical. I call it realistic my friend. If it makes you "feel good" and thats why you support the idea then fine. However the thread was started stating this is somehow good for our money. I am not convinced.
My point is, firstly this is a far way from fruition, and even if it happens there will be a queue of gov't bureaucrats lining up and licking their chops to meddle with it. Furthermore the leftist parties there will ensure that every socialist policy in the books will be applied to your so called retirement funds. A steady revenue stream of that magnitude will not be left in peace. That much I can assure you.
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sandy_77
04-25 09:31 AM
Dear Administrator (Pappu)...How should I contact you. I had previously emailed at info@immigrationvoice.org (on 4/20/2008) but did not get a reply.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
Thanks for all the replies guys. Believe me I have tried everything possible to try and expedite this security check process. I contacted the news channels and news papers (ones you guys mentioned and more) but no one even dared to reply. I firmly believe that most of the media in India is extremely sympathetic to US and they do not want to disturb the status quo. Otherwise what can explain this complete lack of any news coverage given the number of people who are suffering. Please also read the security clearance tracker at http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=772108581
Given the number of people who have read these forums and documented their situation, you would assume that there must be at least one news item covering this situation. There is none whatsoever. Everyone on H1B is now afraid to go out of US and most of those people who wanted to or needed to get their passports stamped are thinking again. This essentially means nobody on H1B visa should think of visiting their families and friends outside US if they already do not have a visa stamp with sufficient time. Initially I thought mostly guys with muslim names are getting stuck but now it is confirmed that if your name is Amit Kumar forget about stamping as you will have to wait for 3 to at least 8 months. I have a hindu name and so do lot of others who are stuck. The situation I think became worse since January 2008 when most visa officers were asked to apply not only PIMS checks but also TAL checks strictly. So if your are a chemical engineer, biotechnologist (unfortunately I am engineer working for a biotech company) and any other job that a Master's level student (mostly with none IT degrees, but not necessarily so) can take in US, you will have to go through TAL check since every type of advanced skills job is listed in this TAL list. How dumb can the US government departments be by issuing such a list without adequate training of the visa officers to understand what represents a threat versus what represents some advanced skills work being done in US which will allow such work to remain in US.
I am extremely worried because I don't know what will happen to this backlog when newly issued 85000 H1b professionals will go for stamping.
Guys this situation needs urgent attention since DOS has started seeing every body with an H1B as a threat to the nation and this notion has to be dispelled. I am not saying that they should not apply TAL checks, but these should be applied to only those who are working on some really sensitive technology and to determine this DOS should have a technologist to review the resume of such a person rather than an Visa Officer. DOS doesn't even respond to my emails. My last hope is the US senator from my area that my company has contacted to help. But given the experience of others at the murthy forum, even this does not shake the mighty all knowing DOS.
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harikris
05-29 08:54 PM
one from my side and one from my spouse side too.
radhay
06-19 12:30 PM
Check your PM. This is what i sent.
Hi Akhil, can you also send me the details ? If it is not too much to ask can you post the template in this thread? Thanks in advance.
Hi Akhil, can you also send me the details ? If it is not too much to ask can you post the template in this thread? Thanks in advance.
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Saikrishna
07-27 01:42 PM
I hope they will come and give us reciept notice on 1st week of Aug ....
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kshitijnt
06-12 03:38 PM
Negative testimony can be used by some to harp on issues or get some leverage. However let the truth be there. Not everyone will be happy with legal immigration reform. But in the end, support for these reform is good from business and the immigrants and they are the ones impacted. So I dont think whether republicans or democrats they will politicize the issue. CHC caucus members may considering its sour grapes for them.
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willwin
06-24 04:32 PM
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
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wahwah
06-05 04:07 PM
well this memo is taking it one step further than the last memo -
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
it is saying that the I-140 must be approved before determining portability. which means most likely if you file for portability and your 140 has not been approved then USCIS will be forced to look at your 140 petition and approve it.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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hydboy77
02-11 05:08 PM
vdl rao is an irrational person. without any sound reasoning he started that stupid thread "eb2 India will be current", when I tried to point out something about the amount of eb3 to eb2 portings going on and how this will set the eb2 dates back significantly I was given red dots (what else can they do). The people in that thread were halucinating about eb2 being current. Reality should now set in, there in no way eb2 is even going to 2006 anytime soon. This is the sad reality.
Last year there were only about 3 to 4k spillover from eb1 to eb2, eb2 row pretty much consumed all the eb2 row numbers and there was no spillover from eb2 row to eb2 india and eb2 china.
If the same trend continues we might get 3k spillover to eb2 india\china which will advance PD by a month. Some people are hoping that because of the bad economy there might not be many eb1 applications and that will lead to spillover to eb2, that is wrong assumption, the people getting approval in eb1 in 2009 are people who applied in 2008 and earlier when the economy was doing good, lay offs started only in nov-dec of 2008. Even if eb1 applications drop because of bad economy the results would be reflected in 2010 and not in 2009.
USCIS is not going to waste any visa numbers anymore. That means the last rollover from FB to eb has already happened in 2008 and might not happen ever again.
Last year there were only about 3 to 4k spillover from eb1 to eb2, eb2 row pretty much consumed all the eb2 row numbers and there was no spillover from eb2 row to eb2 india and eb2 china.
If the same trend continues we might get 3k spillover to eb2 india\china which will advance PD by a month. Some people are hoping that because of the bad economy there might not be many eb1 applications and that will lead to spillover to eb2, that is wrong assumption, the people getting approval in eb1 in 2009 are people who applied in 2008 and earlier when the economy was doing good, lay offs started only in nov-dec of 2008. Even if eb1 applications drop because of bad economy the results would be reflected in 2010 and not in 2009.
USCIS is not going to waste any visa numbers anymore. That means the last rollover from FB to eb has already happened in 2008 and might not happen ever again.
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whattodo21
12-15 11:23 AM
I filed for my ead in late september, got an rfe in mid nov, sent papers but see no change in status. how long does it take with an rfe to get ead? my 90 days are nearing and I am afraid with the holiday season coming, that I might not get in time. I have contacted my congressman, ombudsman's office can't do anything yet. what can be done?
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Winner
06-17 11:01 AM
My wife had to go to Canada to get her H1B revalidated before she travelled to India. At that time, we could get an appointment in Chennai consulate only after two months, but she had to travel sooner than that. We had to spend around $1500 for airfare/lodging and other expenses to just to get the stamping.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
Also, the lost wages for 3 days.
If this process is really beneficial to USA in terms of security etc, we certainly have to do this, but I don�t see why the same procedure can be done inside USA instead of travelling to a foreign country.
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Jaime
09-01 11:41 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
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greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
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senk1s
09-30 01:34 PM
applied jul28
fp aug 16
approved aug 20
cards received on hand aug28
fp aug 16
approved aug 20
cards received on hand aug28
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transpass
12-01 12:09 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
Just my 2 cents, but I think the quarterly spillover might not happen (Hope I am wrong) for various reasons...
1. If they do quarterly spillovers allocating the left over EB1 to other categories, then it is theoretically possible in the last quarter that, if there is a surge in EB1 applications, CIS might be left with not enough visa numbers for EB1 , and subsequently EB1 might not reach the 28% (or whatever this number) of total employment GCs. This situation will further compound the problem for CIS...Given the situation, this might not be practical, but theoretically possible...So CIS might be thinking, "why have the headache to deal every quarter when the numbers will be clear in the last quarter"
2. Since the spillover also includes Family based to EB, this even more complicates the above issue.
3. Well, administratively it is easy for CIS to issue the spillover visas once at the end of the year, rather than do 4 times a year at the end of each quarter. I guess less work with the same result...
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jettu77
04-16 07:12 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html
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reddymjm
01-04 02:41 PM
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
Yes
Yes
JunRN
08-22 06:34 PM
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....
svr_76
03-11 07:07 PM
My friend - the list provided the consulate is a list that is now being asked after thoughtful deliberations. Consulates do not fall easy prey to petty politics of local (US) congressmen or Senators.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
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