pappu
07-02 11:06 PM
We all will have to work to make the injustice visible; only then will the employers start behaving.
We all remember there used to be a IV voice member who used to leave abusive comments to everybody. Once we all made a hue and cry about this Pappu took action against him by disclosing his identity and since that day we have not seen any complaints by members.
Yes. That member and probably other such members are now on other site posting anti-IV posts.....
It is shameful to have such members among us.
Anyways, good thread. This site should help people fix the broken system rather than abuse each other or track all day. I hope due to the discussion, people can get some ideas and take action against such employers. IV will be willing to help as needed.
We all remember there used to be a IV voice member who used to leave abusive comments to everybody. Once we all made a hue and cry about this Pappu took action against him by disclosing his identity and since that day we have not seen any complaints by members.
Yes. That member and probably other such members are now on other site posting anti-IV posts.....
It is shameful to have such members among us.
Anyways, good thread. This site should help people fix the broken system rather than abuse each other or track all day. I hope due to the discussion, people can get some ideas and take action against such employers. IV will be willing to help as needed.
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sidbee
01-19 08:56 AM
This is a developing story. I am sure there are lots of IV members in H1 and getting/going to be affected. one of the option I am trying to explore is to take the USCIS and CBP to the court. They do not have the authority to decide the employer-employee relationship.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
First they came for the communists, and I did not speak out�because I was not a communist;
Then they came for the trade unionists, and I did not speak out�because I was not a trade unionist;
Then they came for the Jews, and I did not speak out�because I was not a Jew;
Then they came for me�and there was no one left to speak out."
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
Here I want to know how many IV members are in H1B and going to suck into this and how many are ready for the fight. In terms of money and time. Remember, you may not be travelling out of the country anytime soon. But when you are filing for I-485, USCIS can deny because you are not in status at the time of filing. Because throughout the H1B period you need to maintain the employee-employer relationship as per this memo. So no one is safe.
So its time to decide our future and life. If you are complacent and soon you will pay the price. Act before its too late.
Lets take the bull by its horn. If you vote, post your details in this thread. otherwise there no use of voting.
I know it hurts , but this was necessary to stop the misuse of H1B program.
The H1B was never meant to be used by Body shoppers.
pbojja
06-12 06:12 PM
I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.
After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.
let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.
Not sure whatz ur point , But here is the deal EB2 has more numbers because of roll overs from ROW and EB-1 and they are ahead of EB3 .
If we talk about ridiculous things here are some
ROW EB2 - 2008 can get a green card before Indian EB2 -2004
Counting Dependents under Employment based
CIS wasting Visa Numbers even when they had 500 k pending applications
After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.
Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.
let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.
Not sure whatz ur point , But here is the deal EB2 has more numbers because of roll overs from ROW and EB-1 and they are ahead of EB3 .
If we talk about ridiculous things here are some
ROW EB2 - 2008 can get a green card before Indian EB2 -2004
Counting Dependents under Employment based
CIS wasting Visa Numbers even when they had 500 k pending applications
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sc3
08-25 04:33 PM
There is a spillover of 22000 visas from FB to EB starting Sep 01 2008. Does anybody know how this spillover is divided between EB1/EB2/EB3?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
more...
walking_dude
11-14 11:48 AM
...........
What do you mean by inactivity of a collective "YOU" ? Inactivity in taking on people like Lou or inactivity on participating IV campaigns to get GC quickly ?
.............
Both. Inactivity and uncaring for personal and community interest is the root cause of both GC issue as well as increasing authenticity Lou Dobbs views have been gaining in media (spawning copy-cats in the process).
......
Lets face it, He has the highest ranking show in CNN. Most people who indulge in populist propaganda will be successful , at least in the short run. You need a HUGE propaganda machine even to attempt to take on him. Just read the transcripts of his program to find what kind of words he used against Newyork governor (Indicative of his arrogance from success).
..............
I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.
On the other hand if some one gives me a look based on how I look, they will give it even after I get my GC and Citizenship. The mugger will not ask me my visa status. I get mugged even after I became a citizen.
That's why I say it - You are the victim. You should care.
This is not to support the inactivity. I appreciate the efforts put in by one and all and I believe those actions help reduce the suffering.
This is just to point out the fact that some members wittingly or unwittingly suggesting that not having GC is cause for all problems. It certainly help alleviate some but it is not a cure all.
Once again I am merely trying to they are two different issues.
Real issue in both situations is inaction which is harming our community.
Did I post something about GC here? I'm not the one linking GC with Lou Dobbs !
Now that you've linked them, let me put it this way - As long as Lou Dobbs keeps berating "cheap imported labor", and has a "perceived" majority acceptance of his views
1) forget any recapture of EB numbers
2) forget any increase in GC numbers
Did I make myself clear!
What do you mean by inactivity of a collective "YOU" ? Inactivity in taking on people like Lou or inactivity on participating IV campaigns to get GC quickly ?
.............
Both. Inactivity and uncaring for personal and community interest is the root cause of both GC issue as well as increasing authenticity Lou Dobbs views have been gaining in media (spawning copy-cats in the process).
......
Lets face it, He has the highest ranking show in CNN. Most people who indulge in populist propaganda will be successful , at least in the short run. You need a HUGE propaganda machine even to attempt to take on him. Just read the transcripts of his program to find what kind of words he used against Newyork governor (Indicative of his arrogance from success).
..............
I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.
On the other hand if some one gives me a look based on how I look, they will give it even after I get my GC and Citizenship. The mugger will not ask me my visa status. I get mugged even after I became a citizen.
That's why I say it - You are the victim. You should care.
This is not to support the inactivity. I appreciate the efforts put in by one and all and I believe those actions help reduce the suffering.
This is just to point out the fact that some members wittingly or unwittingly suggesting that not having GC is cause for all problems. It certainly help alleviate some but it is not a cure all.
Once again I am merely trying to they are two different issues.
Real issue in both situations is inaction which is harming our community.
Did I post something about GC here? I'm not the one linking GC with Lou Dobbs !
Now that you've linked them, let me put it this way - As long as Lou Dobbs keeps berating "cheap imported labor", and has a "perceived" majority acceptance of his views
1) forget any recapture of EB numbers
2) forget any increase in GC numbers
Did I make myself clear!
smodekurti
10-23 03:35 PM
Finally my attorney from the previous company has received the withdrawal notice for my H1B with that company. The attorney also said that this was in response to the withdrawal request that the company has filed with USCIS after I left them.
more...
willwin
08-13 06:08 PM
[QUOTE=chaanakya;276968]....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
QUOTE]
So why are you worrying about EB3 porting to EB2 if the world is open?
Why are you concerned about your GC? After all you are better educated than EB3!
Is your other name, SunnySurya?
QUOTE]
So why are you worrying about EB3 porting to EB2 if the world is open?
Why are you concerned about your GC? After all you are better educated than EB3!
Is your other name, SunnySurya?
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snram4
01-09 10:29 AM
It is easy to say than do. Flower Compaign worked once because they made a mistake. They can return the flowers to the senders. You cannot make law change in the divided issue that much easily.Hunger Strike could lead legal issues for participants some times. So that is impractical. For arranging rallies IV volunteers may have to work for months to organise. After some people's hardwork only a few hundred people will turn up. So rally will become get together.
I totally agree with you, I used to visit IV a lot, but was just disappointed with the results from some of its members. Not to blame IV core team, but other members who would just come and read blogs. Specially EAD holder's, I hope their eyes are opening up to new realities. Yesterday, my sister in law entered USA from Newark Airport and she witnessed three people holding HIB visas get cancelled at the immigration point, one had EAD.
All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!
Point is, we all need to do something radical, sending flowers again and holding a hunger strike, otherwise, keep coming to IV and keep getting disappointed.
Papu, maybe you can hold something up for once. Schedule a date for some event.
I totally agree with you, I used to visit IV a lot, but was just disappointed with the results from some of its members. Not to blame IV core team, but other members who would just come and read blogs. Specially EAD holder's, I hope their eyes are opening up to new realities. Yesterday, my sister in law entered USA from Newark Airport and she witnessed three people holding HIB visas get cancelled at the immigration point, one had EAD.
All we Desi's want is a free ride, same old mentality, don't want to put in any diligence in this matter, but very quick on pointing short comings on others. Blame game!
Point is, we all need to do something radical, sending flowers again and holding a hunger strike, otherwise, keep coming to IV and keep getting disappointed.
Papu, maybe you can hold something up for once. Schedule a date for some event.
more...
Green.Tech
06-09 11:43 AM
Do not give up guys. Keep calling these numbers if you want the bills to hit the House floor.
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RandyK
11-05 10:28 PM
I did not catch the whole speech but he was talking on the Senate floor about abuse in the H1B system, at the end he did say that he is not against increasing the cap for H1B's but he wanted that done with provisions to make sure the abuse of the system is prevented. He also said that he is willing to work with other Senators to fix this broken H1 system before the year end.
Do we anything more about this?
It looked like that he was introducing and amendment to a bill.
Do we anything more about this?
It looked like that he was introducing and amendment to a bill.
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ashkam
07-11 11:28 AM
Where did you get the information that it would take a year and half. Is it just a guess!!!
Being largely ignorant of law, I wouldn't guess. Comment 34 on this thread and elsewhere on other threads.
Being largely ignorant of law, I wouldn't guess. Comment 34 on this thread and elsewhere on other threads.
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deardar
08-25 11:16 AM
Just close your a/c and open with an other bank.
There is no point waging a useless battle with those folks.
Try someother option.
There is no point waging a useless battle with those folks.
Try someother option.
more...
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ashatara78
03-10 07:40 PM
The next step should be to reply to the senator mentioning that the data is ambiguous and asking for a more clear response. Is it I-140 or I-485, does it include families etc. etc.
Also explain to them that based on these numbers, it will take X years for a person to get a GC and that the system needs reform.
I have worked with a senator's office for a completely different matter and they are very responsive - since you have caught their attention and already have a file open, it will be helpful to respond with a concise letter so that you can get more accurate information.
Also explain to them that based on these numbers, it will take X years for a person to get a GC and that the system needs reform.
I have worked with a senator's office for a completely different matter and they are very responsive - since you have caught their attention and already have a file open, it will be helpful to respond with a concise letter so that you can get more accurate information.
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NKR
08-20 12:00 PM
If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)[/QUOTE]
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
Nope, if you think that the wait time is what makes a GC worth, then would you have liked to wait for another 10 years to make it more worthy?, on the other hand if you had got the GC the very next day you applied for it, would it have been worthless?.
The point I am trying to make is that no one can justify the wait time. it is torture.
more...
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pmb76
07-14 05:06 PM
I plan to send this petition to all senior executives of Time Warner Inc by Priority Mail and Fax. CNN is a fully owned subsidiary of Time Warner Inc.
http://www.petitionspot.com/petitions/loudobbs
http://www.petitionspot.com/petitions/loudobbs
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NKR
01-31 01:01 PM
^^^^
I think a few hours is left to vote. so pls do now.
I think a few hours is left to vote. so pls do now.
more...
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GC_newbee
07-18 09:09 PM
I agree with all you folks that we should not just be happy and end our fight here after getting EAD etc...
We should try to push it back to the government as why legal immigrants from india have only 9800 visa every year...its unjust for a country as big as india and havin so many hitech workers....
On todays 7/18/07 NPR news, a USCIS spokesperson has mentioned that USCIS has made a note of the recent protests by legal immigrants(flowers and rally)....NPR also has mentioned this website also....it is a big achievement for us and we should pursue till the final step...check out the link below.....
http://www.npr.org/templates/story/story.php?storyId=12067207
We should try to push it back to the government as why legal immigrants from india have only 9800 visa every year...its unjust for a country as big as india and havin so many hitech workers....
On todays 7/18/07 NPR news, a USCIS spokesperson has mentioned that USCIS has made a note of the recent protests by legal immigrants(flowers and rally)....NPR also has mentioned this website also....it is a big achievement for us and we should pursue till the final step...check out the link below.....
http://www.npr.org/templates/story/story.php?storyId=12067207
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GCmuddu_H1BVaddu
10-08 09:49 PM
Orey pichhi vedava, pichhi pattinda neeku sannasi.
Ni yabba, burra kaya saara posi kadagara.
EB2 india/china... see this..
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
Ni yabba, burra kaya saara posi kadagara.
EB2 india/china... see this..
http://immigrationvoice.org/forum/showthread.php?t=21828
and then see this
http://immigrationvoice.org/forum/showthread.php?t=21833
ab bajao ghanti... aur chup chap baithe raho
(translation: sit there like a paraplegic in the line and do nothing ... while a massive line jumping is in process... you will keep seeing while all these EB3 "bodyshopped consultants" will continue to slowly port their PDs and get approved ahead of you.. EB2 I/C is in for a really really long wait.
Honestly, these consultants don't even have an H1B worthy job: its not a permanent job offer. They don't get paid fulltime. Let alone their eligibility for a GC ....what a scam!
We need to let uscis know and audit all current and past approved cases from these consultants)
FYI ...With support from a few people .. we are in the process of filing a Direct injunction for stoppage and immediate audit of interfiled/approved cases. But more support would be appreciated.
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ItIsNotFunny
11-10 05:50 PM
I saw somewhere on other site clearly mentioned that once 485 is rejected, H1B extension based on pending 485 also becomes invalid. If a person keeps working, it it considered as illegal. I do not have link right now, but I guess I found it on some lawyers website, posted link on IV in some other thread.
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
I don't think this is true. But you put a seed of doubt in my mind, I will confirm with my attorney :)
sonia_sd
01-17 12:05 PM
First of all everyone should understand that this is an Interpretation of law by USCIS, and in memo at the bottom it has been clearly stated that this only applies to case workers at USCIS processing centers not for others. I think based on this memo they decide each case whether to approve/reject. However I see this as "targetting only perticular group of people".
Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.
Please correct me if I am wrong.
Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.
Please correct me if I am wrong.
ItIsNotFunny
10-08 01:12 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
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