Thursday, June 23, 2011

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  • bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.




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  • bobzibub
    05-15 12:50 PM
    1) Backlog breeds backlogs.
    - Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.

    2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.

    3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.

    4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.

    5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?

    6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
    There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.

    7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.




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  • dixie
    09-17 11:29 AM
    What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.

    I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.

    No offence intended, no flames expected :)




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  • meridiani.planum
    04-17 02:11 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    AC-21 for LC subsitution is same as AC-21 for non-substitution cases. same rules, requirements and regulations apply.



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  • ch102
    02-10 10:14 AM
    We don't need CIR..... CIR for illegal

    We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.


    Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.

    Dont worry CIR will not happen !!!
    The Oh Law Firm (http://www.immigration-law.com/)
    OPM Notice indicates that the federal agencies will again remain closed today. USCIS Washington Offices will also remain closed today.
    The House passed a concurrent resolution, H.Con.Res.235, yesterday to recess until 02/22/2010 (President's day), which the Senate is likely to concur today. It means no legislations for almost two weeks, zippo! Who said there would be a CIR 2010 legislation!? Dream on.

    *****************************
    Time is running out (http://www.immigration-information.com/forums/pending-immigration-legislation/10201-time-is-running-out.html)

    Time is running out
    As of today, there are at most 76 legislative days left for the Senate until the Labor Day recess. Since this is an election year, it is likely that Congress will adjourn shortly after Labor Day in order to allow members to campaign for re-election full time. So, at most, we have 76 legislative days left for the Senate to consider CIR.

    As a practical matter, it is more like 30 legislative days until the clock runs out for CIR. By legislative days, I mean days that the Senate is in session. They take weekends and holidays off, as well as "district work periods." Also, they are not in session every day of every week.




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  • GCwaitforever
    05-31 02:45 PM
    Thanks for sharing your experiences. I am also sponsoring my mother-in-law to come here. I will have to see how this goes.



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  • eb3_nepa
    03-28 10:53 AM
    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee

    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.




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  • bkam
    01-31 10:55 PM
    Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.

    These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.

    This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".

    I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.

    In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.



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  • delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.




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  • PD_Dec2002
    07-07 09:46 PM
    We just published the ad a week ago. Is that a big deal to revise now ?

    Well, it's going to cost the company to put out a new ad. Might be a big deal for them.

    Thanks,
    Jayant



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  • little_willy
    08-11 02:36 PM
    As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.

    1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.

    2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.

    Nice work to add this tracker...this will prevent all the different polls popping up.
    Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.




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  • statuslaw
    01-24 04:56 PM
    Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.

    casinoroyale, Thanks!

    But I was told name check first and then security check when I called DOS the second time. Do the both are the same?



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  • willigetagc
    08-11 11:36 PM
    that makes it tough.... Check with your lawyers. I presume your BC also mentions the name of the hospital where you were born.

    If it does'nt then get an affidavit from your parents saying you were born at home and your BC was registered incorrectly. If it does, I dunno what to do....

    Also, ask your parents to consult a lawyer in India and see if BC can be corrected through other means.




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  • lazycis
    10-29 03:02 PM
    I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".



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  • mlkedave
    03-06 07:56 PM
    I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...




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  • hbk
    04-22 03:33 PM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless

    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approval Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.



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  • TeddyKoochu
    11-05 09:16 AM
    Just Voted, thanks for posting.




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  • nixstor
    06-30 06:35 PM
    Any thing related to EB immigration, whether it be H1B cap/VB/Retrogression, it has been spreading like wild fire and traveling faster than the speed of wire. On one occasion, I felt that we and lawyers are probably giving more input to the USCIS. Some rumor/educated guess kicks off some where and it ends up in the lap of USCIS. Like H1B cap. People predicted and predicted non stop for 2 months that it will be over on day one. Its not a prediction. It was a forced situation to some extent. This whole VB revision is similar, if it happens




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  • pappu
    05-05 12:02 PM
    Thank you




    overseas
    09-10 03:44 PM
    Thanks for sharing this info.

    Tomorrow I've Infopass at the same Lawrence office. Yes even I've to drive around 50 miles to that sh...town.

    Will post my experience tomorrow afternoon.




    chanukya
    10-18 12:39 PM
    Dutta,

    Thank you very much for the link.
    This helps many of us to decide on even approaching a Lawyer.

    Excellent link.

    My LC filed as Programmer Analyst and I am working as a Sys Admin, the detailed work activities listed for programmer analyst and Sys Admin seems to match or similar.

    I think Lawyer can take on from there and I guess we need make sure we consult a lawyer and get his inputs to make sure some minimum activities of the new job role whatever may be it is called .("Rose" or "Lilly" as long it is not a "Mangoe" or "orange" or vice-versa), match or similar when we get the employer app letter and refernce letters.

    Thank you once again for the link.



    See this link:

    http://www.onetcodeconnector.org/ccreport/11-3021.00

    It says that "Computer Programmers" is a related occupation. Can I not accept this designation.

    Also, what if the job title varies as "Application Architect" but the job duties are similar?



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