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  • yabadaba
    05-22 03:06 PM
    They are saying that all those people who were illegal before 1st of Jan 2007 are eligible for Z visa. We all are currently in legal status.
    u can easily get an affadavit from someone with a business that says u worked there for a period of x days while ur h1 was with yyy company... that puts u into an illegal category too.

    i m growing some tomatoes this summer....maybe i can get additional points if i grow them for 100 days every year and then after another 5 yrs i can get some more points in the new merit based system





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  • gg_ny
    09-08 07:41 PM
    I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.

    Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!

    biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.





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  • svgupta
    05-15 12:14 PM
    I think they have to pay the minimum wage as declared in their petition.
    But I doubt whether they even send those employees on assignments. I guess they process these H1s as a carrot to retain the employees or to preprepared for any future assignments (they may not even come and the visas are never used)...

    Wish there is a different category of visas for outsourced kind of work so that H1s can be used by America based companies and H1 is not seen in such a bad light.

    Having a different category of visa sure sounds good.

    However, it would be really difficult to implement as these BIG consulting cos will easily show proof that not all deputed in US are responsible for offshoring the work.

    Another point would be that these cos charge a very high billing rate for those deputed in US and the clients (US companies, who hire these consulting cos) usually end up paying the same rate (or even more). However, the poor employees get probably just 50-60% of their billing rate.

    I do have a regard for these cos, they have changed the landscape of our indian economy, but they have exploited their employees to the hilt.





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  • ajm
    01-26 04:48 PM
    This definitely raises a red flag, given that it is so open-ended. Come to think of it, all companies invest in training/educating their employees. Asking the employee to refund those costs on seperation seems a bit absurd.



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  • jsb
    12-19 09:05 AM
    If I try to use my AC21 then does title matter?

    Example:
    new offer has a title of "Lead software engineer".Current position is "Systems
    Engineer".
    ...
    Iad

    USCIS is not just working on technical people; and they themselves are not technical people. Therefore, just try to have description of new job as close to the original description in LC, as possible (use same words). It is a subjective area. Both titles point out that you are some sort of software engineer, so, I belive, it should be ok. Try to avoid "managing" or "suprervising" in your new job description if it was not in the original description.





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  • ssharma
    07-04 01:24 PM
    Dear IV folks,

    After a long long 7 years I finally received my Green Card y'day.
    If not anything... this process does forcefully teach patience, hope, anger mgnt & gives a new understanding of terms UNFAIR & UNJUST.
    My app did experience all the delays ..Backlog centers, company change, date portability, NameCheck..
    For expediting Namecheck & Serv. ticket I had written/fax/calls to almost everyone in govt. White House, First Lady, DHS Dir, TSC Dir, USCIS Dir, Senator...
    Not sure if anything worked, but finally 180 day rule might have helped.

    Finally ...it's a great sense of relief.
    I was desperately needing it now as I wanted MBA loan & change of field etc.

    Special thanks to pappu,logiclife,berkeleybee,Googler ...you guys are the lighthouses in this long tempest.
    It's amazing that someone whom you don't know & have never met, inspire & guide so many others.

    All the very best to everyone & I hope everyone gets their GC in a FAIR order - FIFO -.

    God bless you all.

    -------------------------
    IND
    140 - Dec 2001 (EB3) BEC
    140 - Aug 2005 (EB2) PERM
    485 - May 2007



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  • payur
    06-27 08:15 AM
    You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.

    What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.

    How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.





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  • indianindian2006
    04-13 03:50 PM
    Looking at this latest bullet from USCIS it feels that Eb3 and even Eb2 Indians and illegals have only hope in CIR.What a sad state for indians.



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  • mpadapa
    03-18 09:58 AM
    http://immigrationvoice.org/forum/showpost.php?p=231163&postcount=914

    Thank you everyone for sending letters. We are now in Phase 2 of the campaign.

    State chapter leaders have been informed of the update. Please get in touch with your state chapter groups for more regular updates on the Admin Fixes campaign. More updates will be given by the chapter leaders as we make progress in the Admin fixes campaign.

    If you do not have a state chapter, please join a state chapter near your state.





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  • bidhanc
    03-21 02:15 PM
    I am in NYC. Shall we team up?
    Yes, we should.
    I am a little late on this "meet the lawyers" drive.
    Do we have any more people around here from NY?

    Bidhan



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  • pani_6
    05-30 10:07 AM
    I applied on May18 for I-140 and will be applying to I485 soon.. and would get EAD...so what happens to EAD and AP...I cant beleive they are
    waste..Probabaly people with pending I-140 will be subject to the new systems..??..what do you guys think??..Its not pratical to drive people down the Queue again..





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  • shoooker
    04-09 12:56 PM
    Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up

    i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..

    simple non sense.. random selection .. my behind..

    I really feel like sending flowers to the uscis similar to what the indian folks did last year..



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  • guy03062
    04-12 12:19 PM
    I totally agree with bkarnik.

    I read somewhere long time back that allowing to file EAD/AP (while visa not available or after I-140 is approved) is USCIS policy issue, not by law. Immigration lawyers may know this but this is absolutely opposite to their interest - they may wish people continue filing H-1 multiple times!!

    So instead of using our own logic/interpretation, we should contact USCIS in this regard! In any case, we do not have to loose anything! In worst case, we will be at the point where we are now. If it really works then it would give real temp relief to lots of people until immigration law passes (when??).

    Werc:

    Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).

    As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.

    But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.

    Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)

    Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.

    Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.





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  • boys1729
    04-10 04:00 PM
    I know there are some of good <desi> consulting companies..

    �there are some of good <desi> consulting companies� �hmm.. debatable. Its like saying there are some good bad-apples. I think there can be grades for desi consultants like little bad, more bad, even more bad, horribly bad, ruthlessly bad�etc but not good.
    I don�t think there are any desi consultants who don�t fake their resume at least a little bit. Yeah, even a tiny bit (tiny bit according to consultants mostly will be quite a bit in normal standards) of faking is still faking. So how can you call them good?



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  • django.stone
    11-03 03:58 PM
    I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.

    Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.





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  • diptam
    08-16 02:46 PM
    I know you didn't advise me/anyone - I too expressed my view.

    I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.

    I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.

    I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.

    Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.

    If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.

    Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.



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  • liorsal
    04-17 08:01 PM
    what is BEC?





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  • ronhira
    07-22 11:17 AM
    u know what i think, doggy, doggystyle and devils_advocate are all the same person, or they are anti-immigrants who are teaming up. admin may want to look at them closely... i would.... others can keep an eye on these guys too....





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  • aachoo
    02-14 12:34 PM
    Did you change company? or filed AC-21.

    My PD is also close to yours and transfer is TSC-CSC-NSC

    I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status

    No company changes, AC21 or anything out of the ordinary.
    -a





    H1bslave
    11-19 03:43 PM
    Thanks for your responses and being good critique (aka Devil�s advocate). Unless we analyze our idea from all point-of-views we won�t be able to make it stronger.
    Thanks for your contribution.


    How about taking out US Masters of all the queues for a while, that will as well speed up the GC process for others. :D:D

    Come on guys. Just because CIR is in question for few more months people are coming up with their own agenda. I will come up with my own, how about seperate quota for the folks came in Year 2001 because we faced lot of struggles to keep the job during the bad market.

    a self serving proposal..

    MS is just a pretext for many who are here. MS is worthless if you are a software engineer.. you don't need MS to be coding in Java or .NET...

    MS from some vague sidey backstreet community college cannot be compared to MS from other better off schools.

    your proposal is distracting from the main agenda. CIR or other relief measures.





    satishku_2000
    05-17 01:32 AM
    Only one question: Ultimately for which companies the h1b consultants work for? It is not for Indian companies. It is always for projects in US companies. Mind it. Let US companies decide whom they want? I do not understand Why some people here are talking that Indian companies are using h1b etc etc.

    Go and ask US Govt to provide free College education in computers to everyone in US. Then you will not have all these problems right. Instead of dealing the problem that way simply blaming trade laws?


    Thats the point I was trying to make , no one is begging american corporate honchos to outsource to India or some other company in USA . These companies outsource because it furthers their bottom line and enables them to do what they are good at may be it is home loans , making cars or selling clothes. In the process of outsourcing they can hire best talent with in their means to complete the job in a limited amout of time.

    Some people feel that consultants are cheap but they are much more expensive to corporations than their employees.