Kama Of Kingstone

Well said - I couldnt have said it any better !!! I thought every desi in the US knew this already but apparently NOT!!!

But not because they are 'Indian' but because they are run by sarkari babus. If anyone wants proof Govt. can't run things even remotely as efficiently as private corporations, this is that case study.
Have to give American consulates in India the credit that they have outsourced some job to external private companies.
At Indian consulate the story is quite different. There are many who share Pooja's feeling on this subject as being used to dealing with efficient private businesses in US, as soon as you enter the consulate, the sarkari inefficiency hits you like a ton of bricks. Every small screwup looks like a giant under our microscope and each further screwup just frustrates us exponentially.
As per my last visit to SF consulate, bracing for the worst, I got a surprise to find that it was a breeze, mostly because the lady at the counter was more compassionate and accommodating then the prior ones. But the failure is glaringly at the top level where they fail to define and refine the process, proof-read the information on website (list of document is vague and contains repetitions).
To summarize I think good workers can deliver some time, but the team will ultimately be a failure without good management at the top, and we all know the top management is sarkari babus who could care less as they were appointed from the sifarish of the Govt in New Delhi and not on their own merit.

I was in a fight between eilsoe and soul. But damn it, eilsoe just had something that caught my eye, sorry soul :*(

No hard feelings, I loved them all, but his was just the bestest! ;)

Good Luck, hopefully I will get to organizing this forum area this week!

they have daily podcasts of the news... we can watch it on those
as per NBC our news podcast has been bumped to tommorow as they got breaking news tonight. cannot put affiliations under the name as it might be against their policy.

techysingh,
This is what I wrote. I just faxed last Tuesday and havent heard from either Congressman or Senator. To this letter I also attached a copy of my I 140 approval (shows PD), a copy of I 485 receipt notice and 2 service requests that were started for me.

Congressman XYZ,

Subject: Request for assistance with delayed Immigration Petition


Dear Sir,

I would like to request your assistance with a pending petition with USCIS that has seen an undue delay in processing. This I 485 petition (Application to Adjust to Permanent Resident Status) and has been pending at the Texas Service Center since it was received. The receipt date is June 15, 2007 which is prior to what is currently listed as the processing date on the USCIS website (current processing date listed as of September 30, 2008 is June 27, 2007. USCIS has not updated the processing dates after September 30, 2008 on their website).

My Priority date of August 9th, 2001 is current for my case category EB3 India. I have requested a status update from the USCIS service center and 2 service requests were started on my behalf but I have not heard anything or seen any progress on my case.
I would appreciate any assistance in speeding the processing of this petition. I am enclosing relevant receipts and letters. Please let me know if you need any further information.


Sincerely,

nozerd

Hi Shana

Thanks for continous feedback ,I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.

Do you think will this be a problem if i use AC21.

Your inputs will be greatly appreciated.

Thanks
GCNJ

I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.

Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.

1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.

2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.

3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.

4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).

5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.

6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)

7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)

or how about attending rally and make it a big success and reduce your wait time to 50s.

That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...

thank you DOS et all ...

Thanks for the info,

how to contact Ombudsman

Google DHS USCIS ombudsman and you will find a link to form 7001

doggy, (what a name) u just signed-up and this is your first post..... r u an agent of anti-immigrant website doing their media campaign :cool:


Check Anti Antis: Conference call: To teach Antis how to post!!! (http://anti-antis.blogspot.com/2009/07/conference-call-to-teach-antis-how-to.html)
Conference Call on Effective Posting - tomorrow, July 21st at 7:15pm

How to Post for Maximum Impact
Conference Call tomorrow night, 7:15pm Central

Labor Day marks the beginning of national discussions on the corporate visa programs that allow companies to legally bypass the US workforce. Most tech workers see this bypass and confront this bypass when they are looking for jobs. But most recent college grads will never see or confront this issue because they will never be considered for jobs their degrees qualify them to do.

This is the power of employment discrimination. This issue will be part of a national conversation on comprehensive immigration reform if we tell the truth about our own circumstances.

Businessweek will be posting their article on H-1b exploitation on Wednesday. Join me to discuss why the "culture of bypass" is the necessary precondition to create the "culture of exploitation."

Scheduled Conference Date: Tuesday, July 21, 2009
Scheduled Start Time: 07:15 PM Central Daylight Time
Scheduled End Time: 07:55 PM Central Daylight Time

Type of Conference: Standard
Dial-in Number: 1-219-509-8111
Participant Access Code: 798504


Reservation:
NO, just dial in at 7:15pm Central

Text of Email Sent Last Week:

This culture of exploitation among IT labor contractors could not occur without the legal protections to bypass the US workforce. This is why the corporations are fighting hard to defend this protection and defeat the Durbin bill (S. 887).

Readers may not make the connection between this corporate malfeasance and the bypass of qualifed citizens and green card holders - but your posts can. Make sure your posts mention the Durbin bill (S.887).

Here's some talking points on corporate protections affored by visa programs:

* The H-1b corporate visa program is responsible for these crimes because it protects corporations from ever considering local talent and opening the door to this culture of exploitation. Passing the Durbin bill will end this culutre of exploitation.
* Protectionist measures in the current corporate visa programs are poisoning the IT industry - no corporation should be protected from the consequences of discriminatory hiring practices.
* American labor laws and EEO have had a powerful impact on American society. These visa programs protect corporations from employing a workforce that knows their rights and can exercise them. That's why corporations don't want the Durbin bill (S. 887) to pass.
* Far from protecting the US workforce, the Durbin bill (S.887) will give us a chance to compete for job openings in our own country, thus preventing these corporate crimes.
* It's the responsibilty of the federal government to ensure that we have the freedom to compete- and we will get this freedom to compete when S.887 passes.
* If these companies were required to seek local talent first, these shakedowns would virtually disappear.
* The discriminatory practice of recruiting abroad for US job openings now breeds a form of exploitation unimaginable to 21st century Americans. These cheats could never swindle Americans this way.

Our posts promoting the Durbin bill will be watched -- and measured -- by Congressional supporters of the Durbin bill and all of the players who will be at the table when this issue comes up in the fall.

Your posts supporting the bill and defending American labor and talent will let all the players know that American IT professionals are standing up for what they want and shaping the circumstances of our lives.

Donna Conroy
Director
Bright Future Jobs (http://www.brightfuturejobs.com)
dmconroy@sbcglobal.net

Please post all the blood sucking companies here on the forum so that we can be aware of them

Thanks

I do not get it.

As far as I know, a CP applicant can always switch over to AOS if already inside the US. It is harder for an AOS applicant to switch to CP.

You will have to make a choice. Do you want the benefits of CP or AOS? The way things are presently, you cannot have both. So pick one.

But the PD has to be current to switch over.

Bump

DREAM is only for Illegals!

Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.

Hi,

You need to submit a new education evaluation.

I had also received an RFE.

An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided

For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.

Thanks

There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



______________________
Not a legal advice.
US citizen of Indian origin


You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!

Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
Just use the search option. I think this question has been answered several times

May visa bulletin will be here today(most prob.)..they r doing the 'cut and paste" of last bulletin right now..:D
any comments on new bulletin?

Highly recommended especially, if your company pays for it (mine did not)!
I know lot of us have tough schedule but this bill will get rid of large pool-
I would think 30-35% - Why? Lets see EB1's are definitely out- Plus most EB2's (except Bachelors + 5 yrs exp guys) will be out.
Don't give me any Red dots over this- Just a humble opinion. So, lets says it gets rid of 30% in queue, it's as good as Increasing visas to 182K!
Good luck to all!

Probably you are right. But the issue is not the country limit!!!!!!!!

Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:

You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.

Some of them has aging out kids who will lose their eligibility because of this long wait.

Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?

Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.

I beleive it is general audit kind of thing. When informedm my attorney said they do this randomly. I donot know of odd ratio.
Gentleman had general talk: covering all aspects (I donot know if it was audio-recorded
but no paper work).
It started with current job, past employments, about my family, in-laws , about siblings, their jobs but concentrated more on money transfers. I owned property in india on lease and was tranfering $$ to the banks directly. Only personal trf was $6000 to my in-laws and I told him I borrowed this before coming to US owed this money