natrajs
08-31 04:33 PM
Guys, this article is 100% correct. There are about 1 million people stuck at various stages of the green card process, H-4 dependents cannot work, and H-1Bs cannot get salary raises. Don't detract from such a good and accurate article.
Yes I agree with the article
Yes I agree with the article
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roseball
08-23 11:20 AM
Thanks for your detailed reply. Till now I have not paid for anything for my GC. I have been here since last 12 yrs. My employer is picking up the cost for PERM and I140, as you said I may pay for premium processing for 140 if I opt it that way. My concern is, he said we need to file I485 also as my old 485 is in old format (paying for EAD renewal and AP), not sure about that.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
So we do not need to file a new I485 if EB3's 485 is pending ? After I140 is approved under EB2, we just need to request USCIS to look at this new application with old PD to approve EB3 485 ?
That is right, no need to file I-485 again. The format of I-485 has nothing to do with this. I am assuming he is just trying to make money by doing the additional paper work. A couple of my colleagues got their GCs that way in July and my employer is also in the process of filing my EB-2 I-140 under Premium Processing this week with a request to port my earlier EB-3 PD and a letter to USCIS requesting to adjudicate my pending I-485 under EB-2 preference, once EB-2 I-140 is approved. In my colleague's case, TSC approved both Eb-2 I-140 and pending I-485 (was at TSC as well) concurrently in July.
vghc
07-25 01:34 PM
Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)
Couldn't be that bad, he still have time to post something here. :D
Couldn't be that bad, he still have time to post something here. :D
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a1b2c3
10-12 09:57 AM
If you are serious about this go ahead start helping nixtor and others in this regards.
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
http://immigrationvoice.org/forum/showthread.php?p=296941#post296941
Sure, but where is the agenda posted?
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logiclife
12-13 03:23 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Hi, you need lawyer for your first 3 questions. For question 4, you need to ask for copies of 140 petition and 485 petition and labor substitution. If you cannot be strong and ask for it, and take their word, then you will constantly live in doubt and it will be really really bad. Negotiate with them that you will need copies of everything that goes into USCIS and comes out of USCIS and you want your own attorney to handle all that. Otherwise its not worth it. You will put yourself in vulnerable situation without your own attorney doing all the work. If you choose to trust them now, and go along with it(their lawyer, their control), 6 months from now you will be in a worse situation than most of the other guys here who are stuck in 3-4 years of retrogression. Dont ask me how, trust me on this one. I know the tactics and methods of such employers very very very well.
For questions 5, I think its legal for employers to ask employees to pay for USCIS fees and lawyers fee if the employee quits before GC is approved.
Other than that, you will find a lot of hatred from this forum as what you are doing is very much inflaming since you are cutting in line -- legally so -- but still, its cutting in line. So dont be surprised by that.
Good luck and make sure you get your own lawyer(that your are paying to) to do everything about your H1, Labor substituion, GC etc.
rockstart
03-14 07:05 PM
Can some one provide statistics of letter received by IV
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help_please
07-13 11:14 PM
:confused: I found the information regarding both the senate and house bills on AILA's website. From my understanding, they are going to attach this version of the bill...hopefully, without any changes. I'm keeping my fingers crossed. :)
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akhilmahajan
08-31 07:40 PM
We have been calling and talking to ppl all over new england area.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
But we have hardly been able to get a convincing number of ppl to attend the rally.
Have you watched the bus thread for New England Area. 26 votes, can you believe that.
We definitely need to get more innovative. I dont know what ppl want, so they can be motivated.
Sometimes i think being educated is a curse, as ppl become more scared and are fine adapting to the system.
Look at the ILLEGALS at least they came out openly. They dared to come forward and i am sure they will be rewarded sooner.
LEGAL ppl who have nothing to fear are then also they are more scared to do anything. So this is the right time for me to express my opinion LEGALS ARE FOOLS.
Please dont be mad at me, i am just frustuated with ppl responses, but one thing for sure, i will keep on motivating ppl in whichever way i can do.
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pappu
07-20 05:12 PM
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
Your employer should pay for H1 and H1 extension. If he is exploiting you, and you accept being exploited, then you should also share the blame for accepting this.
This forum has past posts where people have shared information on how to complain against such employers. One of the goals of IV is to generate awareness in employees so that employees can use their voice against injustice.
Accepting such 'exploitation' should not be tolerated and you must take action against such an employer. It is such employers that give a bad name to the entire H1B visa program and the whole community is blamed and made to suffer. Our bills face an uphill task because of this. Employees must complain so that they can help fix the H1B and green card system.
I hope you use your voice and take action against such employer. IV is against such exploitation and it must be reported to DOL and USCIS. If you have to go to court for it, you should consider it.
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Suva
04-16 03:59 PM
That is accurate I have done 10+2+1+3
For EB3 one needs to show 4 years of degree and 2 years of experiance. Normally every degree year is equivalent to 3 years of experiance. I don't know how USCIS sees diploma. In your case a very strong evaluation certificate is needed.
For EB3 one needs to show 4 years of degree and 2 years of experiance. Normally every degree year is equivalent to 3 years of experiance. I don't know how USCIS sees diploma. In your case a very strong evaluation certificate is needed.
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Humhongekamyab
08-14 10:50 AM
Two year EAD received yesterday; PD current.
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JunRN
07-16 11:29 PM
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
Atleast we can get Interim EAD after 90 days, can't we?
Atleast we can get Interim EAD after 90 days, can't we?
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ganguteli
06-17 02:06 PM
Would you like to send a mass mailer to all to generate momentum ???
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
I am posting it on a forum used by my Brazilian friends. Folks let us spread the word and post about it everywhere.
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Macaca
08-31 09:06 PM
I cant seem to open the article. Are others having the same problem?
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
Yes, it does not work sometime. Keep trying!
I have posted the article in News Article thread
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mallu
12-01 02:58 PM
FYI: The number of name check related lawsuits increased 10 times from January 2006 to January 2007 :) I estimate the total number for this year will be 3-4 times bigger than 2006 number.
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
There may be a slight decrease in number because of retrogression, but i believe the bros&sis in the citizenship queue will compensate for that.
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sidm
04-10 07:55 AM
And what makes you think that software consultancies cannot be run without H1-B visas?
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
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mariusp
04-01 07:03 PM
Sent mine right now to senators of FL.
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gc_check
07-07 12:19 AM
http://www.foxnews.com/projects/pdf/070610_AZlawsuit.pdf
Justice Department Files Suit Against Arizona Immigration Law
The Justice Department on Tuesday filed a lawsuit challenging Arizona's immigration law, claiming the law is "invalid" and "must be struck down." Read More (http://www.foxnews.com/politics/2010/07/06/justice-department-file-suit-arizona-early-tuesday/)
Sometimes a rule/law might be an unpopular one, but the right one. All popular ones does not mean they are correct. People who have the guts to make unpopular / but the right decisions and enact them are the real leaders. This time, either this year or next year, we will know if CIR is driven by real Leader's or Politician who exploit any situation to increase their chances to stay longer in power.
Also do not see much media attention to anything related to CIR. May be it an election year politics that drive things now !!!
If this law suit translates into some action to address this broken immigration system, then it is a good one !!! Will have to wait and see ....
Justice Department Files Suit Against Arizona Immigration Law
The Justice Department on Tuesday filed a lawsuit challenging Arizona's immigration law, claiming the law is "invalid" and "must be struck down." Read More (http://www.foxnews.com/politics/2010/07/06/justice-department-file-suit-arizona-early-tuesday/)
Sometimes a rule/law might be an unpopular one, but the right one. All popular ones does not mean they are correct. People who have the guts to make unpopular / but the right decisions and enact them are the real leaders. This time, either this year or next year, we will know if CIR is driven by real Leader's or Politician who exploit any situation to increase their chances to stay longer in power.
Also do not see much media attention to anything related to CIR. May be it an election year politics that drive things now !!!
If this law suit translates into some action to address this broken immigration system, then it is a good one !!! Will have to wait and see ....
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dixie
11-30 06:19 PM
I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
until 2002 they issued.after that they stopped..
until 2002 they issued.after that they stopped..
user1205
02-20 05:27 PM
I have the same feeling. With the move to Jan 2005 and the new rule about namechecks I think the numbers will get used fast for ROW.
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
The only people that will not be able to take advantage of this are the ones with old PDs from BEC that filed 485 and 140 in the June-August madness and are waiting for the 140 to be approved.
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
Sheila Danzig
08-18 02:40 PM
You cannot combine work and education for EB2 and for EB3 it must be so noted on the Labor Cert.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
