msp1976
03-09 01:54 PM
After two years in the US, I told my employer that I want to file for GC...
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
Going to and fro he spent 8 months sayign that he is in the process of doing it...Then he gave me the papers to sign...After that he kept telling me that the lawyer had filed it for one and a half year...In April 04 employer changed lawyers...The new lawyer tried to find all cases at the DOL...My case and one of my friends case is 'missing'...They telling me that is old lawyers fault.....They told us to file a new cases...I am sitting around since July 04.....I am so sick of this whole thing.....
July 04 was my chance to change job or go back...I decided to stick with the job...my bad...Now I am really stuck.....Am waiting for 8th year extension...Wife finishing MS in May and baby on way....I am stuck with dead end job...not well paid......
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rennieallen
10-09 12:29 PM
Try to lift one single crab from a vessel full of crabs, other crabs will try their best to pull that one back. Same mentality is at play here - if I don't get it nobody else should get it. Don't you guys feel shamed to act so self-centered and selfish like crabs?
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
Hmmm, I don't think this is a very good analogy to support your position.
Do you know what is going to happen to the crab that is being removed from the vessel? (hint: think boiling water)
Do you know why crabs have this instinct? It is a group instinct that through natural selection propagated due to the fact that various predators would slowly pick away at clusters of crabs.
This group instinct (resisting the removal of an individual member) resulted in slightly fewer crabs becoming shark/octopus/otter/etc. meals amongst the groups that exhibited this behavior. These "grab back" groups were slightly more successful than those that "let 'em go" and consequently this particular trait (over many millennia) became well established in the larger gene pool.
This analogy is a nearly perfect counter example to (what I believe is) your intended point.
yestogc
05-08 04:42 PM
Can we also try to involve some professional organisations like, TIE here and NASSCOM there. Indian government should also atleast give feelers to US govt for this unjust move, even if they cannot abolish per country quota, they can atleast make it depending on few parameters:
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
Like size of country, how many h1's are granted each year, pending GC applications.
What is your say on this.
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senthil1
05-23 09:21 AM
If you are able to file gc why do you need this. Only future H1bs need to bother about the this restriction. Corporations or Compete America will lobby to remove H1b restrictions if that creates problem for them.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
I am about to e-mail to the Senators based on the new letter.
Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?
Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.
more...
softcrowd
08-12 02:13 PM
Congrats vdixit....Were there any LUDs on your I-485 or any other apps, before the approvals?
GKBest
10-08 11:29 AM
.....and our rest day in calling USCIS, checking our checks and the mail.
more...
unitednations
08-25 03:39 AM
I am not sure what the writer is trying to say.
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
In my field we try to hire the best applicant for the job whether American, European or Asian or from elsewhere does not matter. Otherwise you get a bunch that do not know how to convert units and crash things ... let me not name them.
Transfers are for people to change jobs. I have done it. My employer(s) do(did) it all the time.
What do you propose? Keep waiting for green cards 10-15yrs without knowing if it will be approved in the end.
H1B is for labor shortage. If there is an abuse then the govt needs to crack down. If the laws come short, then better laws can be crafted.
these are very complex issues, where a lot of people try to trivialize or minimize. I haven't visited the forums in a while but doesn't look like much has changed. Division betwen IT and non IT. Dvision between people working at "full time positions". division between eb2 and eb3; country quota, etc.
Look what department of labor is now doing with Fragomen clients. Staffing companies generally do not use fragomen; they are the biggest of big companie. Fragomen made a lot of oise regarding immigration. In this country you make noise people look at what you are doing and figure out a way to make you shut up. Now; DOL has figured it out. they are sending second audit requests and people are scrambling trying to figure out wha to do. Do you not think that these companies are going to pause in filing labors for people going forward due to the additional hassle and the bad publicity if their labors do get denied?
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GC08
09-12 07:13 PM
Isn't that they have completed input and receipt issuance for cases received by certain date (late Aug.?) according to their update? How come so many July filers still have not received receipts? Weird!
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partha_vus
07-04 12:41 PM
My application delivered on Jul 2, 11:25 PM to Nebraska my PD: Jan 2001
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jsb
11-26 02:27 PM
Hello
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I dont have access to the certified labor copy , I am just wondering if we need it for AC21 purposes. I am not sure how to get it from my desi employer/ desi lawyer. I have a job offer with a fortune 200 company which is willing to do H1b transfer/extension so I am opting for H1b instead of EAD. I am pretty sure about the job description will satisfy the same/similar test.
Is the job title and job description mentioned on the labor cert? Mine is a pre perm case. Is it good to have copy of labor cert for AC21?
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
more...
another one
07-05 03:32 PM
Great!! People are already talking about the flowers to USCIS. By the way, there are flower websites, with same day delivery.
I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?
How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.
I have convinced a few people at work to do this. Their point is, if we really want to do this, let's do it in a way that works. After receiving a few deliveries, USCIS will get the idea and direct it's lobby security to refuse all further flower deliveries. What's our plan for that situation?
How did the people who delivered nuts to CBS make it happen? The delivery was actually done via UPS. It's difficult to refuse a UPS packet in the security lobby! Should we send chocolates via UPS instead? It will be much more difficult to refuse deliveries of chocolates.
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Winner
11-18 08:53 AM
Did my part
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fetch_gc
10-03 11:01 AM
Quote:
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
Originally Posted by Rohan99
If you are still waiting then please add your name
Important: if you receive the RN then plz write in front of your name, what is RN(if honored actual RN), how did u get RN(check, lawyer, called USCIS), FP date,
July 3rd at 9:03 received by R.William
--------------------------------------------------------
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
July 5th
------------------------------------
chalamcharla
July 16, 9:00 am at Nebraska signed by R Pitcher
--------------------------------------
viveckj99
gcspace
July 16, at 11.16 am at Nebraska signed by F.HEINAUER
------------------------------------------------------
fetch_gc
Please see signature for more details.Thx-- fetch_gc
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santb1975
12-15 11:41 PM
I have been in US since 1998 as well and I have a EB2 PD of Nov 2006. I keep myself healthy and happy. To me if there is no work here there will be work somewhere else and if there is no growth this country there will be growth somewhere else. Cheer up buddy :-)
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
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aquarianf
04-25 10:27 AM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
Did you contacted INS regarding this? Someone in my office told that one of his friend contacted INS regarding back wages. He received a phone call 3-4 months later from INS regarding his complain and was told that INS will investigate into the matter and if complain is valid then the former employer will be punished accordingly. He was told that INS has received many many such complaints and they have huge backlog and it is taking 3-4 months to reach to a complain but they are working on each of them.
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apahilaj
12-16 06:48 PM
Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...
What are you guys thinking as next step?
What are you guys thinking as next step?
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jsb
11-08 12:42 PM
I am going to complete my 180 days by 1st week of Decemeber. The company I work for, is offering me a Project Manager position. My labor is filed for a programmer. I asked my lawyer and he told me that they sent a email to Florida State Workforce Agency to classify my new position and depending on the reply he tells me that I may or maynot port my labor.
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Is anyone in the same boat? Is there any work around? I have been on H1 for 10 years now working for the same company (2 yrs as Contractor and 8 as employee), they have screwed me many times, I just don't want another disappointment. If this does not work, then I guess I have switch another company....
It doesn't matter what you work as prior to your getting GC, bottom line is, when your GC approval is nearing if there is an RFE for Letter of Employment confirmation from your sponsoring employer, they should reply back saying something like, "...we have an offer for a programmer's job for you on your getting your GC". If you have a problem with that, get a similar letter (with same job description as in original LC) from another employer, and keep it ready just in case. Note that offers have to be to give you a job UPON your getting a GC. Read USCIS clarifications in:
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
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07-03 12:58 PM
should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.
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Try this link one more time ..
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h1techSlave
02-02 04:14 PM
Since we are in a fighting mood, I will throw some fuel to the fire :) :)
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
When you think about it, reservation and quota system is actually a better deal for the upper caste.
First check out this picture, which details the population percentages and proposed reservations: File:PopulationEstimations.jpg - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/File:PopulationEstimations.jpg)
As per the above picture, 52% of people in India belongs to Backward classes according to Mandal estimates. Since the proposed reservation for them is 27%, the reservation system works in favor of Forward classes as long as Backward classes are not uplifted from their current pathetic situation. Another way of looking at the graph is that 25.5% of people in India belongs to forward classes; and their share in the Indian pie in terms of higher education of job opportunities --> (100 - 27 - 22.5 = 50.5%). Personally I like this system, than 25.5% of us getting only 25.5% of our share.
To conclude:
If reservations stays; 25% upper caste can enjoy 50% of resources.
If reservation system goes away due to uplifting of backward classes; 25% of upper caste will have to satisfy themselves with only 25% of resources.
vikki76
09-29 04:48 PM
For variety of reasons, I wish to explore option of consulting instead of permanent corporate job. Can I do consulting in my own name directly or do I need to be associated with some company?
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
Green card (EB-2, Nov 29,2004 PD) application is in my name. I have filed 485 this July and expecting my EAD any time. I will be invoking AC21 after 6 months.
But need answer to this question
A. Consult on own?
B. Go through a consulting company?
I prefer option A.
diptam
07-04 04:51 PM
How does this thing matter - all will be rejected ...
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