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  • http://immigrationvoice.blogspot.com/
    IV release





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  • How do you guys find out what job code your H1B/labor was filed under?
    My H1b saus 030, but I think the job is a 6 digit number.

    Where can I locate that?

    Thanks

    On your labor approval.





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  • I am impressed to see that our buddy Infinite_Patience_GC is not using F** words today. Good job!


    Infinite_Patience_GC,

    Though I don't like your language and attitude, you have a valid point. I honestly feel that those who have used labor substitution should not get their green cards earlier than me.





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  • Excellent team work IV - now lets all thank her for changing making the correction.





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  • i like the way you did this
    i wonder though if it's better to adjust it for depnedents
    per USCIS figures the average is 2.5 individuals in a family for each approval
    The timeline is stunninh when you put that in.
    I will retire or die before a GC......!





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  • Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.

    correct. out of status != unlawful presence.
    So being out of status for >180 days does not trigger the 3 year ban. Either USCIS must make the determination that you are out of status, or your original period of authorized stay (I-94 date) must expire.
    however being out of status >180 days since your last entry into the US is problematic for your adjustment of status.





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  • After reading this rumor mongering for a few weeks now, I have drawn a common between these cases (if we believe for a second that these stories ARE true). All these friend of a friend of a friend who were "sent back", seem to be working fro "desi" software "consultants". If that is indeed the case, then great work CIS. These shysters have no place in the EB queue anyways.

    (2) I doubt if CIS will risk having a lawsuit thrown at them by a Genuine American or mutlinational company if they "send bacK" their genuine H1B employee ( Do you think A place like Microsoft, Intel, GE or Boeing etc will take such treatment of their employee? No, they will sue CIS.

    (3) I work with H1B holders from OTHER countries too (lots of Russians and Chinese). None of them have ever "heard" any "friend of a friend" sent back.

    So, Cut the crap and do your work.

    You seem to be drawing conclusions out of nowhere. What�s up with you and desi software consultants? Please stop posting incendiary remarks about any group of people. I understand you have your opinion, but please be constructive and justify it based on facts, not on some rumor and your own personal vendetta. Just like you, everybody have their right to have their opportunities to improve their life and betterment of their communities they surround themselves with.





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  • Common Guys. Let's focus on the topic of this thread...





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  • Should I send a AC21 letter to USCIS along with my new employment letter?
    Who is the best attorney for such cases?
    Is it possible that my prevous employer hasn't revoked 140? How can I know that? I have received RFE after one year after filing the case. Is there any way I can know the date when my previous employer did revoke the 140 ( in case he did)?
    ajthakur,
    Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
    Hope this helps...I am not an attorney, but thought my few cents might help you.





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  • Hi,

    My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

    thanks,

    Rwe

    Well my PD is 3-Mar-2006. So close but too far. :mad:





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  • @uma001
    I understand your situation because you had posted elsewhere on exactly what happened to you.

    Premise of the Green Card (and H1-B for that matter) is that an American citizen or a Permanent resident was not available with required skill sets for the work to be done.

    Scrutiny at H1-B was traditionally a lot relaxed because it is temporary in nature by definition. A lot us seem to assume that Green Card is a natural progression from H1-B. In Employment Based GC, burden of proof lies with the organizations. I have worked with small and big organizations, and I am yet to come across an organization that will go out of the way or makes exceptions to an employee at the risk of its reputation or facing legal hassles.

    When I had a choice to make may be 5 years back, a friend of mine advised me. If you have GC, big corporations can employ you easily, but if the big corporations employ you, it is not easy to get GC. (particularly because the HR would not be so easily accessible, but "control" is what he was alluding to.)

    I took his advise, and landed a "desi" company, which was not so "desi" in its thought process and treatment though. They were flexible, at the same time, great to work with, paid very well and took care of expenses at actuals. I was lucky enough to have landed where I had.

    One has to know very well, what one wants to do and where one one wants to head. If the over-riding factor is a GC application, find out where you get the flexibility. On the other hand, if an over riding factor is a satisfaction to work with big name companies, then you know how it works. No point blaming companies.





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  • if this bill is signed into law...most desi consultant companies with one h4 aunty doing the accounting work + recruiting + administrative work will have to shut down





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  • It is time for new ideas and creative solutions. Here are my ideas:

    1. We cannot make this an Indians only campaign:
    Get get participation from folks of other countries. This is extremely important. I understand people from India are probably the highest number waiting to get a GC but we HAVE TO make this a broader effort.
    How?: Contact 'leaders' from other countries. Not on these forums but through personal contacts. There are too many immature kids on these forums for any meaningful dialog.

    2. MAke IV a membership only website (Forums atleast):

    This gaurantees steady flow of funds. What do members get in return ? Access to forums, updates, action items/progress, bi-weekly Newsletter etc. Membership can be as low as $5 a month.

    3. Funding Drives:

    Fantastic efforts were made from many IVians. Get more creative (Dinner where you pay for your seat - $20 per head?), get people from other nationalities involved (Indian Sub-continent, China, Philiphines, Indonesia etc).

    4. Make this effort more than getting a green card:
    This is perhaps the most important if we can pull it off. Get green card holders and naturalized Citizens involved. This will give 'bite' to our effort (imagine going to your congressman with leading members of the local immigration population). Advantage: Funds, publicity, connections to politicians etc. Members will get the advantage of a platform and derive benefit from numbers.
    How?: IV should become a platform for 'immigration issues' in general. Charity, cultural assimilation, job board, getting involved in local politics etc.

    5. Clean up forums/discussion board:

    Get rid of politics, religion discussions, period. Do not allow divisive nonsense.





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  • Hope this helps...

    for your contribution!! :)





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  • can some one call 1-800-375-5283, with ext 1,2,3,6 and talk to a person at USCIS and see what they know about the applications on july 2nd. i am on the pacific coast and it is still not 8 here. seems like they only talk between 8 and 6





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  • I think this is out of topic, but regarding AC-21.
    My husband is changing jobs, so he wants to file G-28 by him self.

    Has anyone done that, and can help that will be great.

    Thanks.





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  • I got letters with receipt numbers for my wife and I.





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  • Am just curious to know how many of you (approved ones) used AC21 portability and if there were any ramifications. Would be great to know what the experience was and can help the rest of us.





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  • 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.





    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.





    I did shake hands with Donald Duck, so did my 4-yr old daughter (in Disney Land), in hindsight I should have washed my hands well after that :(

    :)....See we could start a new thread discussing the repurcussions of shaking hands with Donald Duck.


    PLEASE EVERYONE: THE PERSON WHO STARTED THIS THREAD IS A FAKE. GO SEE THE PUBLIC PROFILE OF THIS PERSON.

    Sorry for the caps.....admins please close this useless thread.



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