Saturday, July 2, 2011

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  • dtekkedil
    07-10 05:33 PM
    Now that we have generated interest and made more people aware of IV. The next thing is to do is to gather support for rallies.

    For the next few days we need to spread the word about this campaign and get more people to join us. Spread the word around about the San Jose rally!

    We have to make sure that this flower drive is especially talked about in and around San Jose.




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  • PresidentO
    02-26 01:12 PM
    Thanks Akhil for the write up

    You answered some of the stuff very nice.

    To the guy who is MAD,

    Be MAD that you and your friends chose to ignore IV during the biggest screw up of USCIS.

    It sounded very condescending that they are ready to give 1000USD now, when they are probably feeling the pinch, and ignored any efforts before/during/after the fiasco.

    I did not say this the first time but now I can say this. People who say I will give 1000$ to IV, 10000$ to IV or the big amounts think that they are playing carrots and sticks. So you want the core members to come out and lay out the strategy on which member of congress is sympathetic to the situation and might do some thing. Yeah! right. Let the tunnel rat guy go and tell every guild, numbers usa idiot that what IV is up to.

    Money is one of the pieces of this effort. Grass roots efforts are another piece. As Akhil said, people who work at the grass roots efforts dont have the shareholder or value for my buck mentality. Also, my friend, in the current volatile environment, problems do not blaring horns out for you and me. I am still amazed how two reporters sensationally linked H1B and Banking industry to get a bill on the floor. It is those two reporters who called Grassley and ignited his draconian mind.

    Watch out what kind of reports are going to run in Mar and Moira Herbst already reported a bill in works by Durbin and Grassley. D & G will attempt to remove the 6th year extensions no matter what, revoke some of the AC21 provisions and god knows what they are penning down now. Then all of us, those who are sleeping, those who are pretending to sleep can wake up for real.

    It is a shame that our community will flock to Bollywood/Kollywood/Tollywood events and shell out 20-50 $ per seat but considers contributing to IV as some thing that needs to be seen through the magnifying lens 100 times.




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  • thomachan72
    05-23 06:30 AM
    I have a bad feeling about IVs goals. Are you only concerned about getting the GC backlogs cleared? or are you going to be asking for H1b related issues to be addressed too? eg:- H1b renewal after the 6th year is an issue any moron could easily understand and pass. That has been there for many years and should continue for a successful H1b program. Please take care of that issue too. I dont see that included in the letter you have prepared to be sent out to all the senators. Please do that urgently. This is a very techinical issue and can easily be campaingned for. Pls dont ignore it.

    If the number 3 in the letter has something to do with H1b renewal, pls reword it and make it clear, however, Idont believe its related to h1b renewal atall.

    Please include atleast H1b renewal, one good thing about h1 that all of you have/currently are enjoying, to be included as one of your/our major demands. I am not asking for the H1b placement at different sites thing, that might be difficult to campaign for at this point of time, however, renewal needs to be done.




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  • VK373
    06-11 05:52 PM
    They sent you receipt before cashing the checks?

    Sorry for the mis communication, I flip flopped the dates. RD 06/01 and ND 06/06.

    Summer....

    I got them in mail from USCIS, Lincoln NE.

    Thanks.



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  • desi3933
    02-12 02:31 PM
    Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
    I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.

    Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.


    My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.

    You are entitled for back wages until terminated. Such termination should be well documented and properly served.

    When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.

    How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
    Greatly appreciate your time in responding to this...

    I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).

    In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • JunRN
    09-06 04:51 PM
    ....Aug '06 that is ;)

    you must really be kidding...hahaha...

    I am not yet ready to push the panic button...



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  • desi3933
    06-26 09:04 AM
    .
    For most of the jobs, employer must accept any worker who is authorized to work in the US. In other words, US citizens, Permanent Residents (aka Green Card holders), and EAD (person authorized to work for any employer by USCIS). From legal point of view, employer can not discriminate between GC holder and EAD. If job is advertised as for Citizens only, applicant has right to ask for such reason.

    Now, in order to qualify as person who has been wrongly discriminated
    1. he/she must be otherwise qualified for job (example job asks for dot net and person has java experience)
    and
    2. he/she MUST have applied for the job.

    Employer can not discriminate because of
    1. Expiry date of EAD
    2. Reason for Issue of EAD (I-485 based, L2 visa, F1 visa etc)

    Having said that, there could be valid grounds that job is qualified only for US citizens or US citizens with specific security clearance. Applicant, in this case, has right to ask for reasons for such requirement.


    ________________________
    Not a legal advice.
    US citizen of Indian origin




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  • MightyIndian
    04-25 05:44 PM
    I was just wondering that how come only desi employers are branded as "blood sucking manicas" etc etc ..? Doesn't there exist same kind of breed from other nationalities ? if not, then question is why we desis are like that ? any idea ?

    All the desi employers I ran into or my friends ran into turned out to be blood suckers. before that I was employed by an american company for 6 years and I had no complaint whatsoever.

    I think most of us desis consider other desis to be inferior and treat them so.



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  • sam2006
    11-21 01:23 PM
    Lets us all Pray and hope for the best for Mehul




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  • techbuyer77
    06-18 07:11 AM
    who knows?
    My friend sent her package on may 18th and she saw on uscis that they dated the receipt as june 1st... so that can give you an idea.
    I sent mine on June 1st....nothing yet.
    on june 6th the immigration.com breaking new claims there is a backlog of receipt for up to 45 days.
    I am expecting to get mine at least by june 30th because with the flood of applications on july first....whoi knows



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  • bombaysardar
    05-27 11:51 PM
    We are in AOS stage and planning to do Canadian Landing next month. Any one here knows if we have to surrender our I-94 when we exit the USA?
    Thanks!:)




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  • sam2006
    08-24 07:11 PM
    July 3rd R.Williams 7.44 AM NSC
    140 Approved TSC
    LUD 07-28
    No CC
    NO RN

    my guess: Look at TSC Processing dates



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  • sunny1000
    07-08 05:54 PM
    H1B is a non immigrant visa, and we dont have the full constitutional rights, for eq we dont have the right to vote.

    Legally we are not immigrants, that is the worst mistake( calling ourselves immigrants) ,being done by us,

    If USCIS denies GC for security reasons, you cant sue them.

    It is not the U.S constitution or the constitutional law that is in question here. The lawsuit is being filed to simply determine if the laws were broken when this visa bulletin fiasco happened. If so, the courts will give relief. The laws of the U.S extend to everybody (citizens, GC holders and non-immigrants) who lives on the U.S soil.

    It is just like how if a non-immigrant breaks a law, he/she is arrested and taken to court. Even the terrorists who are held in Gitmo won a lawsuit that they have a fair share in the courts. There are numerous cases of potential immigrants who sued the U.S govt and got GCs (most recent being a worker who got his I-140 rejection based on labor cert overturned in Washington State by a Federal Court and finally got his GC).

    But, as you mentioned, there are certain aspects of the Constitution that apply only to Citizens. I don't think the constitutional law applies here.




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  • diptam
    05-23 07:05 AM
    See , they started the 3 yr H1B extension only on basis of Retrogression...
    and only if you have a approved 140... My Labor was more than 365 days old, so i got couple of 1 yr extension so far... Now my 140 is applied and once approved i'm hoping to apply for 3 yr extension...

    But if there is no retrogression - why do i need the above 3 yr H1B ?? I believe the point that IV is addressing is the BURNING issue ... " GET RID OF RETROGRESSION" ....

    thanks



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  • vdlrao
    09-10 02:29 AM
    We want to do some thing for elimination of backlogs Especially for EB3 - India Else we wont see any more progress.

    All EB3 people please share your thoughts to resolve this issue.
    Unless and untill everybody in EB3 has contributed ataleast a $1000.00 to the immigrationvoice cause, its waste of time to discuss about the EB3-India movement. Any way we have to spend a lot more than $1000.00 in renewing EADs, H1Bs and H4s.


    Otherwise just wait and pray for the CIR bill to pass. Then every body in the EB category will get the benefit being the EB3- India/China are the greatest benefitters.




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  • senthil1
    10-25 06:12 PM
    If skill bill is passed in the same form as it is Americans will be alarmed seeing the inflow based on exemption of US based Master degree and STEM. Not only to Americans it is threat for current H1s and green card holders as well. The problem is those who have money in India can get admission in USA MS degree in any non standard college(I do not think INS can evaluate whether it is standard or not). So atleast 4 times of current MS students will come and they will get h1(I think Ms people has exemption in quota) thro Desi consultants by paying Money and get green card immeditely. This will defeat the purpose of skill bill itself. And also India so many people are doing MSC they can get gc easily here(As we know Indians or anyone will use loopholes to come here and get gc). If immigration is increased so much then it will impact all kinds of exsisting people. I think there should be control in number of h1s and also green cards. I am clear that both H1 and green card numbers should be increased but blanket exemption should not be given any category especially for H1. There were a situation on 2000 and 2001 lot of people returned India because of too much supply and Americans were angry with immigrants at that time especially H1 because they were laid off.

    So basically increase of immigration should be based on supply and demand . The purpose of Labour certification is to verify whether any american is rejected for that job. But that is now just formal and real test is not done(it is not possible to do it. If they do it it will take years to clear). I think if they double number of gcs the retrogession issue will be resolved for atleast another 5 years



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  • nc14
    09-11 11:50 AM
    Well said and I think the community cannot just always get, they have to learn to GIVE back (for their own cause) in this case.

    It is atrocious to see people demanding action when their own contribution is ZERO (infact negative by wasting the precious bandwidth and creating divisions)




    Guys
    I am seeing lot of heat and frustration out here and it is understandable to whole extent. First of all, I am a DC/MD/VA state chapter member and working towards achieving goals of getting GC in one year. Sounds funny right!!!! But it is true. We are working at grass roots with the National Leadership of IV to get things going at individual constituency level. I just posted this on another thread on IV. You might be knowing that DC Metro area should be having thousands of professionals making good money and stuck in this mess!!! Thousands!!! Do you know how many active members we have for this chapter!!! around 160!!!! Do you know how many turn up for weekly chapter meeting!!! 15!!!! But we are fortunate two have these 15 people who are putting their time and effort to talk to lawmakers.... These people also donate money. By the way these people are mix of EB 2 and EB 3. Do not try to create this division of EB2 and EB3. Some of the people running this IV have their green card but they are still putting in their time for you guys to lobby....It just takes 25$ each month to become donor but people don't want to do that. Don't think that IV will show you proof of concept for you to start donating. If you cannot volunteer, just keep quiet and wait for next VB. I also know that people cannot make to state chapter meeting because of commitments, distance etc. Understandable but have they asked state chapter via email what all they can do in their constituency to sort this out......Join State Chapter and see what all IV is doing...You guys have no idea what all is going on behind....If you think you can help...at least start donating and more important....start volunteering with your state chapter....If thousands of us start screaming to our lawmakers office....you will not need money to lobby anymore.....




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  • bigboy007
    07-04 11:16 PM
    May be he will good for you dude. :D




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  • cjain
    11-01 05:42 PM
    i work for big company...and i have paystubs...

    in essense...what you are saying is that if one has paystubs that one can change after the 180 day period even if 140 is not approved...

    i am beginning to see light at the end of the tunnel...:D




    kkmajid
    10-17 10:30 AM
    Try this: http://www.yaledailynews.com/Article.aspx?ArticleID=33577

    Current international students must be aware of the H-1B visa quota and file their forms as soon as possible, alumni said.

    "Apply early, as in April 1 early," Jarek Langer '06 said in an e-mail. "Do not wait until you get your diploma. It will be too late."

    Bicalho said students should be proactive and involved in the application process.

    "Take ownership over the process," Bicalho said. "Talk to the school's international office early so they can start working with you. � As soon as you have an offer, know who are the lawyers your firm will use and contact them so that you can work together."

    As stated above, it says that i can apply on april1st. Now i am graduating in masters in may. Can I still apply on april 1st, dont I need the diploma to apply for H1B? Please explain.




    javadeveloper
    07-20 02:15 PM
    looivy, Please have a conversation and don't turn this into a pissing contest.

    What the other post said is very true. We have 45000 members in this board, a significant majority of them are EB3. Even if 50% of the members 22000 (as an example ) contributed 25$ each, IV would have more than half a million bucks. With this money EB backlog plight could easily come out in mainstream media. Just because you, as a person, contributed does not mean all of EB people are contributing. Realizing our problem is the first step in solving it. Problem is people are not willing to contribute to IV, either their money or time, but want issues solved. Doesn't work that way..

    Again the original poster is correct in his statement.

    my .02$

    Correct me If I am wrong

    out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

    Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

    Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

    Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

    Many people are saying that EB3 members are not contributing that's why you are lagging etc...

    EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...



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