vinabath
04-23 04:32 PM
my opinions in bold
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
Both parties ( employee and employers) bend letter and spirit of law. Think fake resumes, references, experiences on employee side. Think no salary on bench, lack minimum professional decorum, professional ethics on employers side. But overall my sympathies are with employee and more so in this case.
-- How can an employer pay salary on bench when employee wants to be an independent contractor(80%) on w-2
In > 90% of cases I have seen, Desi employers dont operate on good faith. A good example is punitive damages. The employer does h1B, incurs about 5K cost and expects the employee to serve out 12 months. The exit clause is 25K. Its downright silly and precisely what causes employee anxiety. Instead if it is prorated for stay, it would be fair for every one involved.
-- 25k because its just not about H-1b costs. Its business. Business needs to make profits and be healthy. Business dont want H-1B employees who would like to stay for less than an year. It affects other H-1B employees and their immigration process. Businesses hate to ask H-1Bs from INS and cancel H-1s. It puts a blotch on the Business. Afterall INS give H-1B approval hoping that the employee works with the employer for atleast 3 years .
Hoarding I-140, labor certificatio etc and giving no visibility is another deal breaker.I just dont get it.
you are right but this is also forced by H-1B employees.
Some one commented its a small world, apologize if necessary blah blah. If, for a minute the employer in this case thinks in positive way, ( My former employee would be at this place, couuld be in a position where I can sell more, i could get referral for new employees) he wouldnt be doing something like this which downright irresponsible and can cause significant damage to his shareholders. Being a small world goes on both sides.
Thats pretty optimistic and long term thinking.
For a techie, clilent is king. I would never displease the ultimate beneficiary of my services. Even after my project is over, I keep in touch, do occasional free consulting all in hope of building my network. But for employers like these, who add no value, i have no sympathies.
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paskal
07-09 11:57 AM
[QUOTE=desi3933]� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. A special immigrant described under section 101(a)(27)(J) of the Act shall be deemed, for the purpose of applying the adjustment to status provisions of section 245(a) of the Act, to have been paroled into the United States, regardless of the actual method of entry into the United States.
[Emphasis added for clarity]
this clause is very clear
the last one posted did not say you cannot apply
only who can actually be adjusted....
vikasgarg24
07-20 02:33 PM
Freinds
Do not fight we are EB2/EB3/EB1. This is law and instructed by politicians. Divide and rule.
Same thing they did and now and you see the result in IV forum where people fight that create below category
1.Based on educations (US masters/US bachlors/Non US masters/Non US bachleors etc etc)
2. Based on experience - US experioence non us experience
3. EB1/EB/2 EB3
4. L1/H1/b1/b2
5. Family based
6 etc etc
If you count the division you can say based on heights, color, marries and non marries status etc.
So stop fighting based on politicians category and help IV to goahead and fight for all.
I personally feel when you fight you have success for one group and no success for other group. So do not feel that EB2 are getting beenfits. I myself is EB3 and expecting GC by 2026
Do not fight we are EB2/EB3/EB1. This is law and instructed by politicians. Divide and rule.
Same thing they did and now and you see the result in IV forum where people fight that create below category
1.Based on educations (US masters/US bachlors/Non US masters/Non US bachleors etc etc)
2. Based on experience - US experioence non us experience
3. EB1/EB/2 EB3
4. L1/H1/b1/b2
5. Family based
6 etc etc
If you count the division you can say based on heights, color, marries and non marries status etc.
So stop fighting based on politicians category and help IV to goahead and fight for all.
I personally feel when you fight you have success for one group and no success for other group. So do not feel that EB2 are getting beenfits. I myself is EB3 and expecting GC by 2026
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chandarc
07-19 09:43 PM
I would ask the same question...
If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
If EB3 and EB2 are equal( unbiased) in eyes of IV, then why sanhari's suggestion is not welcome?
I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.
Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?
Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.
I anticipate and welcome reds, greens, blues for this post :)
more...
crystal
07-07 10:10 PM
If nothing works I want #3 :D . I lost 2000$ for this crap .:mad:
samirpatel08
09-26 05:57 PM
I applied on July 23rd, and pkg was received on July 24th.
My checks got cashed yesterday, Sept 25th.
Not sure which center processed them yet... and no receipt numbers...
Things are moving...
Samir :)
My checks got cashed yesterday, Sept 25th.
Not sure which center processed them yet... and no receipt numbers...
Things are moving...
Samir :)
more...
Munna Bhai
12-17 12:25 PM
Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.
2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.
So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?
To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.
You pointed out correctly..the reason everyone of us are depressed is "I don't wanna feel being a loser" as pointed by Bestia and now GC has become some-sort of personnal goal....
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delhiguy
07-08 05:25 PM
she can say whatever. the courts have to agree.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
if she says that constitutional protections don't apply to non-citizens, they are essentially reinstating slavery.
not that the constitution was against slavery.
H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.
Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,
If USCIS denies GC for security reasons, you cant sue them.
more...
Sachin_Stock
09-24 01:42 PM
Equating labor substitution with porting is real silly. Labor substitution was clamped down, because of abuse, however it didn't mean that it was wrong by its very virtue. However the abuse lead to its closure.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
As for porting, I don't see any scope for abuse. Cuz the process is in such a way, that one has to refile labor, 140, and all the exact procedures similar any freshly new EB-2 candidate would. The only difference is that at the end, one has option to request his/her earlier date.
And rightly so, because there's a difference between two Eb-2 filers. One who has not filed anything before, and one has filed "SOMETHING" before. That "something" holds the merit.
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ash0210
03-09 11:32 AM
I am from retrogressed country, I am here for last 12 years & did not got depressed as I do not have GC. In my early years in USA, I used to get depress as I was not having GC but then I started thinking...Is GC is the ONLY important thing in my life?
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
I started concentrating on my work, constrained my self on checking now& then PDs, LUD's. If feellt depresssed - listening Indian classical music and involving in local commuitiy activities/helping kids in their studies..
Life is beautiful, GC is just part of my life and GC do not drives my life..
Well, I am TOO depressed about the BEC performance. I know too many people are in same situation but I find myself "helpless" and at least i want to SCREAM......:mad:
more...
jnraajan
02-08 06:58 PM
Pappu
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.
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purgan
12-10 09:44 AM
All the appropriations bill will be dealt by the new Democratic Congress in Jan-Feb (CR expires Feb 15). Immigratio Relief provisions can be attached to these bills...i believe there is widespread support for these among both Democrats and most Republicans
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sai948
04-05 11:30 PM
I opened a SR for non receipt of my FP notice, on 30Oct2007. I got a reply from USCIS exactly after 45 days ( very prompt) notifying me that " my FP has not yet expired or my FP is not yet cleared". Certainly this looks like a canned reply from USCIS which was sent even without looking at my file. I guess they should be more transparent in their process than just sending plain lies.
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
I also got the same message. NO FP after 2 SR & 1 info pass (case transferred from NSC to TSC).
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aadhye
09-10 09:41 AM
Filed 3rd July at Nebraska.
No receipt yet.
No receipt yet.
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GCNaseeb
11-21 07:26 PM
Hi Mehul,
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
I am so sad and speechless after reading this. The next moment, I remembered that, my Metlife Insurance agent's husband had the same story. But miracle happened; he survived. So don't loose your hope. Sometimes hope is the best medicine.
My prayers are there for you. You will live long years, don't worry.
To answer your question, though I am not aware of any laws for this type of situation, we can always try. I would try to get an appointment with either Zoe Lofgren or Nancy Pelosi. May be there are ways. If you need help, let us know we can accompany you.
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gc28262
06-28 01:00 PM
http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/a/8/a8a435681018b21ccbfd25684294cc54@endecaindex&source=19&FREE_TEXT=Citizen&rating=99
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
Java /J2EE Developer(GC and Citizen Only)
Norristown, PA
Unable to accept visa's at this time. US Citizens and Green card holders are encouraged to apply.
The successful candidate will have 3+ years of experience developing and testing web-based applications, As a member of a project team, the Java Developer will assume various roles including design, code and test roles.
The Information Technology Department delivers superior customer experiences through the Exclusively Inhouse development and support of front and back office systems while focusing on IT's four core values: Partnership, Excellence, Innovation and Efficiency.
IT Development is responsible for all aspects of software application delivery and maintenance, including business analysis, technical design, software development, vendor management, quality assurance, implementation and support.
Responsibilities
Work with other members of the project team and business owners to refine and clarify business requirements.
Code and test software to meet standards and within acceptable defect tolerances of design specifications.
Support and review the work of other developers.
Communicate and document status to project leadership.
Work with IT and business test groups to support quality and acceptance tests.
Assign development activities to self and other developers. Track progress of assigned activities.
Ensure that all code retains logical stability, reliability, confidentiality, and integrity of Medicals systems is in accordance with Medical policies, procedures and guidelines, taking appropriate actions for all violations
more...
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Maverick1
09-30 01:44 AM
You might need additional documentation only in cases of RFE. In most cases there are no RFEs. I know a friend of mine was job less for a year and changed 2 jobs under AC21(with different salary ranges ) after applying 485. Never informed USCIS (I guess it is not mandatory). He got his GC recently. He probably would have faced difficulty if there were any RFEs.
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
One should be okay as long as the following are met :
1) 180 days sice I485 RD
2) Approved I140 (Some say approvable , but safe it is already approved)
3) New job is substantially similar.
Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.
There must be a memo with some clarifications in this regard.
My 2 cents :)
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reddymjm
06-12 07:19 PM
My case file on 06/01/07 but i did not get any conformation
I have lot of friends in the same boat.
I have lot of friends in the same boat.
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atmercyofdol
10-08 02:47 PM
Are you in the IT field?
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.
senthil1
07-26 01:34 PM
There is not much use for just fighting EB3-I. You can send a letter or lobbey and they will hear it. Thats all. There are so much discrepancies in immigration policy of USA(The impact is for just for potential immigrants not for the country) I do not think they will spend time to resolve each and every small discrepancy. There are more more severe issues in the country than resolving EB3-I. Of course that is a big issue for those who are impacted.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
But the problem will be automatically resolved if STEM/and or Recapture bill is passed. That is a big picture and that will get more attention than just lobbying for EB3-I.
EB3-I 's best chance in the current context , in the order of faster results,
1. Port to EB2 , If possible
2. Lobby to change spill over distribution. USCIS has been inconsistent over the years. So we need to lobby hard and impress upon them that this year distribution algorithm is unfair .who knows it can change again next year , this time a more balanced one ..
3. Recapture effort: This is a big one and we need to support carry out the tasks assigned by IV and other biggies .
IMO, No genuinely concerned fellow mate should advise EB3-I's to support only recapture effort.
greensignal
09-09 04:41 PM
:) Current Status: Card production ordered.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
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