gcisadawg
12-14 11:20 PM
kumar1,
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
I agree to most of the points you wrote. I believe there is one thing that you missed.
H1B is a dual intent visa that allows a foreigner to work in US and also apply for permanent residency. It was originally intended for American companies to hire people from abroad. But how many American companies hire people directly from abroad? Even if there is some, it would be very very minimal.
Body shoppers are the one who take on the difficult task of interviewing/recruiting/sponsoring/air-lifting the foreigner to USA in addition to preparing the candidate to withstand the rigors of a visa interview.
They give initial accommodation (agreed, a 1BR aptmnt cramped with many ppl), pay on bench ( accepted, not all), place the candidate on a project and get the foreigner US work/cultural experience. After they go through the whole nine yards, these American companies jump in and poach these H1Bs.
Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.
That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.
-gcisadawg
wallpaper Kiara and Kovu by ~Rashaya on
Macaca
01-31 04:52 PM
I am actually looking for a very simple answer : My husband whose EB-2 I-140 had been approved some time back, wants to quit his job & pursue MBA on F-1. Would the I-539 be approved in this case ? Or should he plan for H4.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
BTW , he has no plans to travel out of country so stamping is not an issue.
Zima's post is not about stamping only. Applying for F1 from US means that the International Student office will mail I-20 and application to USCIS and you do not get a stamp on your passport. Applying for F1 in Embassy means that you take the same I-20 and apply at the embassy and get your passport satmped. Same rules should be applicable.
I think Zima's case is saying that you can not go to F1 (in Zima's case extend F1) with approved I-140. It probably also depends on when Zima's I-140 and F1 were filed/approved.
It certainly does not look good. I think USCIS has your I-140 file and your F1 application will be conected to it.
There was a related post sometime back. From what I remember, there was a person who got I-140 approved on F1 and then transferred to H1B.
vandanaverdia
09-10 04:05 PM
Very well explained facts!!! Nice...
I am going to start emailing the same to people I know.....
Let us all join hands & unite in this cause...
I am going to start emailing the same to people I know.....
Let us all join hands & unite in this cause...
2011 The Lion King II: Simba`s
Ramba
07-14 05:52 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.
more...
makemygc
07-16 06:07 PM
This is utter nonsense!!!
Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!
Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
Core team - > Please work on getting some sort of easy webfax put up so that we may effectively address such utter nonsense!! The link to the fax should be prominently displayed on the main page of IV!!!
Guys,
Lets come up with some suggestions to counter-attack these false propoganda. Few thoughts??
1. Will gandhigiri work with them? Not just sending flowers but using other Gandhi ways as well.
2. Should core post some article on the home page.."Top 10 Myths About Employment Based Immigration" and include tax as one of the myths.
Reason, i'm saying this is that in my company there are several americans who think that way even though they are ok with immigration. They think that we do not pay any tax here.
3. Educate numberusa and other anti-immigration people about. I know we might not be able to educate the core people over their but we might be able to educate other member joining there.
Any other thoughts?..
admin
02-04 03:45 PM
retrohatao,
We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.
We're asking for transparency and increase in efficiency in all of USCIS operations including Name Check.
more...
aachoo
03-09 12:47 PM
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
I have been in the US 15 years and counting.
-a
This is insane, they are moving 15 days in 1 calendar month.
So going by this pace for EB3
mar 2002 - march 2011
mar 2003 - march 2013
mar 2004 - march 2015
mar 2005 - march 2017
mar 2006 - march 2019
i will get gc on mar 2019 ? after 16 years of stay in USA ??? that total bull shit !!!!!!!!!!!!
2010 Kiara: Yeah, maybe herd of
pitha
01-30 03:20 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
One more thing about desi companies.
When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.
Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.
However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.
Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".
Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.
more...
ajm
11-02 12:40 AM
NRC 2008 063585
The request is in the complex track.
The request is in the complex track.
hair The Lion King 2:Simba#39;s Pride
looneytunezez
06-11 12:49 PM
Sent message to my senators (CA).
more...
nixstor
03-18 06:53 PM
Now for the rest of this year the EB2 queues for China and India are merged. Visa allocations will be solely based on Priority date. So for example if India has many priority dates that are before China's, India may end up getting more visa allocations. The same holds true if China has earlier priority dates than India does. That's how I inderstood it and I thought I would try to explain it to some who did not. Otherwise sorry for stating the obvious.
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
Read the Sec 202 a 5 I posted in 1st page and corresponding links. It clearly says that the left over visa numbers under each category in every Q can be assigned with out country limits. Is there any one who is reading it other wise (or) Is there any text in the bill I am possibly missing?
hot 1 2 3 4 5
alex99
11-05 03:58 PM
Bump
more...
house Lion King Kiara And Kovu Paint
EndlessWait
07-13 09:35 AM
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
tattoo This tests not only Kiara and
hsm2007
10-05 03:43 PM
Ask your attorney to call USCIS for confirmation. Did he add return receipt also? It should not be any issue once you get the confirmation. Good Luck!
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
more...
pictures Kovu is smarter, stronger and
nousername
01-30 01:11 PM
Sorry to hear about your situation... I seriously hope and pray that your RFE is for a small issue like birth certificate or marriage document..
Good luck and keep us posted on the matter.
God Bless.
Good luck and keep us posted on the matter.
God Bless.
dresses Kiara and Kovu The Fall
eager_immi
07-05 12:59 PM
This poll is useless. Majority people on this website don'y pay a dime, for obvious reasons they want this to to be an unpaid site. Not that I care either way since I have done what I think is right.
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
No need to conduct this poll. What's your point? go by the
majority if they say no?
Make it 20$ per month and be done with it. Those who couldn't do this
are unlikely to be helpful anyway.
more...
makeup lion king 2 kiara and kovu.
drona
07-09 03:14 PM
Way to go Gabriela!
girlfriend Lion+king+2+kiara+kovu
javadeveloper
12-12 04:09 PM
Is country quota in EB category justified? Hell No. But you know what - if you remove that then entire EB system would be high jacked by Indians, just like they have high jacked H1-B and L-1 visa category.
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
Agreed.The purpose of H1Bs is to help companies.The purpose of GCs is for political reasons with a Mask named EB.
They don't care if we are tired of working in H1B , many people are in Line to come here on H1.Then they don't have to give you a GC when there are millions of people are ready to work on H1
My 2C
hairstyles This is my version of Kovu and
coloniel60
08-15 04:13 PM
In fact better than expected for EB2
Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.
Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.
pd_recapturing
03-07 08:09 PM
Okay. Even if we send the AC21 letter to USCIS, whats the guarantee that they will take action or even read it. AC21 letter is not going to be a paid service and USCIS will treat this letter as any other letter like interfile letters. I am not sure whether USCIS has any specific PO Box for AC21 services. In my knowledge, there is none. I had sent my interfiling letter in early Oct 07 and there is no information from USCIS on this. Today, I went to meet an IO thru Infopass, the first layer of service lady was so rude that she did not even allow me to meet the actual IO. She said that this kind of information does not come on computer so IO would not be helpful. She was not at all listening to me. My point is can one make sure that his/her AC21 letter has been accepted and acted upon. If not, is there any need to send the AC21 letter?
WillIBLucky
01-18 11:04 AM
Yes, a PM would also work even if the mail is bounced. You can make it a point you send these PM only to those who are contributing or have been contributing in the past. That way we can avoid any spies in IV.
If the bill will come up in Feb, behind the scene work must have started or will start after the first 100 hours plan (which should end soon).
Please send PM to these members. It is better then bounced email.
If the bill will come up in Feb, behind the scene work must have started or will start after the first 100 hours plan (which should end soon).
Please send PM to these members. It is better then bounced email.
