superdude
07-17 10:41 PM
you are OK
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miguy
03-16 08:43 AM
hopein07........do you know if one has to pass the evaluating exam first to get a Statement of Need from Canada for j1?...
eatpavbhaji
04-22 02:20 PM
I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
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swapnajay
10-09 01:02 PM
Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
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vallabhu
01-02 10:02 AM
Hi Guru's
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
snhn
04-21 12:10 PM
Hello all,
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
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scorpion
02-26 05:30 PM
Consult your Lawyer
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permfiling
12-15 08:55 PM
Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?
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OLDMONK
07-08 08:44 PM
You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.
Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.
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TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
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bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
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snathan
05-20 06:19 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
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franklin
07-21 03:14 PM
Please don't dilute IV's group efforts
There are 2 outstanding action items - have you completed them?
There are 2 outstanding action items - have you completed them?
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pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
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abhijitp
01-29 01:11 PM
you are awesome
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...
Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!
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vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
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dc4opera
05-18 11:27 PM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?
I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?
I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?
Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!
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sgorla
02-20 03:30 PM
Out of 105960 filed applications, 79,782 applications have been certified, and Indians have 22,298, which is almost 28 % (DOL certified EB petitions).
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
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lkapildev
04-15 03:12 PM
Nothing will affect you. You are at the beinging stage of your GC. Donot get tensed or panic .. all will be smooth. I donot think there is any way to to inform DOL. Contact your attroney for any clarification.
xgoogle
11-12 05:34 PM
Even if you are not paid, working for a for-profit organization implies taking away job from a legal resident/citizen who could otherwise have been paid. If its a non-profit org, its a different matter.
gcfriend65
04-27 03:58 PM
Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.
A new Senate Bill has been introduced.
U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
A new Senate Bill has been introduced.
U.S. Senator Chuck Hagel (R-NE) has introduced �The Immigrant Accountability Act of 2007.� The legislation would create a merit-based point system to deal with those living in the country illegally. Those who receive enough points would be put on a pathway to earn citizenship after 13 years. Under Hagel�s bill, no person here illegally would be able to jump in line ahead of someone who has applied for citizenship legally.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
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