hpandey
07-02 06:57 PM
[quote=aranya;259700]
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
What you are suggesting is probably 0.1% of all the H1b applicants or at the most 1 %. Even that is a big number. I think 99% of all H1b applicants come with intent to work in IT or whatever field they applied in rather than work in a grocery shop. I don't think anyone wants to come to US to work at a grocery shop or a petrol pump .
Lets focus the discussion on H1b employees who are mistreated by the employers by paying them too little , not paying benefits, unfair treatment and so many other things that I could go on about.
Sorry for not making it clear enough...
This guy was not even eligible for a H1 in the first place as he did not know anything about IT... It was his decision to move to US and to lead an american life... so he cooks up a resume...claims to be a software engineer(with due help from his H1 filer consultant, I assume) and landed up here. He was in deep trouble when the Grocery shop closed down and he had to look out for another job... Last I know, he was taking QA training...
So its not a case of my friend being mistreated by his consultant but a case(I'm sure he is not unique within H1 community) where my friend, along with his Consultant took the whole H1B program for a ride....
So
1. He was not forced...he himself falsified it intentionally
2. He is not complaining...he is happy the way things has turned up for him...
3. What was he thinking when he came down here... Surely he cannot code a line in any language or do anything in IT ... He had to take up a non-IT job..
What you are suggesting is probably 0.1% of all the H1b applicants or at the most 1 %. Even that is a big number. I think 99% of all H1b applicants come with intent to work in IT or whatever field they applied in rather than work in a grocery shop. I don't think anyone wants to come to US to work at a grocery shop or a petrol pump .
Lets focus the discussion on H1b employees who are mistreated by the employers by paying them too little , not paying benefits, unfair treatment and so many other things that I could go on about.
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Leo07
01-18 03:54 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^
walker15
09-17 12:47 PM
Another voting going on
2011 “Osama Bin Laden is DEAD”
gk_2000
04-18 06:14 PM
Many in IV will know that I have never opposed legal porting. However, I disagree that this is a way to get out of the mess. There is a fixed total number of Visa available. Per current rule this first comes to EB2 and is consumed completely leaving nothing for EB 3. If all (or majority) EB 3 moves to EB 2, the chocking will be in EB2 . So the "mess" just shifts its position.
The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number
As I see it, the only persons benefited are the ones having the priority dates in ancient times. I think we really should not mind letting them have their GC's, being our seniors.
Yes, later year porters might end up having to wait. It's all in the game, fortunately or unfortunately. One thing is for sure, we as a whole, have an uphill battle
If it really comes to matter, I think it should be easy for an EB2 to port to EB3 if the dates are current for him in the different category. So if I were EB2 today, I wouldn't be so apprehensive :)
The true way is -- 1) Recapture, 2) Exclude dependents from Visa Number
As I see it, the only persons benefited are the ones having the priority dates in ancient times. I think we really should not mind letting them have their GC's, being our seniors.
Yes, later year porters might end up having to wait. It's all in the game, fortunately or unfortunately. One thing is for sure, we as a whole, have an uphill battle
If it really comes to matter, I think it should be easy for an EB2 to port to EB3 if the dates are current for him in the different category. So if I were EB2 today, I wouldn't be so apprehensive :)
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smartboy75
09-29 02:36 AM
They might have found some irregularity or discrepancy in your current petition! Never heard of something like this before though!
Please consult a lawyer Your question is better answered by him!
Good Luck
hey aviko21 ...
Thanks for the reply....You may be right ..in that they must have found some discrepancy in my current petition....but if that is the case ..should'nt they raise an RFE for the current H1 petition which is pending....rather than re-opening an already approved case ???
Please consult a lawyer Your question is better answered by him!
Good Luck
hey aviko21 ...
Thanks for the reply....You may be right ..in that they must have found some discrepancy in my current petition....but if that is the case ..should'nt they raise an RFE for the current H1 petition which is pending....rather than re-opening an already approved case ???
deletedUser459
06-16 11:11 AM
normally iPod skins don't change the appearence of your surroundings....
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arnab221
11-06 02:04 PM
Actually, not all he said was wrong.
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
Cannot agree more on the fraud prevention . Increasing the H1B application fees is not way of preventing fraud .This is punishing the small innovative companies from catching up and importing much needed talent .Keep the same fees , catch the fraudsters and make an example of them to others .
We should not support what these IT consulting companies are doing with H1B programme just because we are on H1. These big companies are hoarding H1B visas so they can have an upperhand when dealing with the employees.
My own employer was trying to get as many H1s as possible without having ANY work for them. They sent us all a few emails asking us if we had any family or friends back home who want to come to US on H1. These guys make the H1 applicants pay for the application expenses, then just keep them there or get them here and keep them on bench and almost everybody here is familiar with what happens next.
Think from an American's point of view.. It is THEIR country, THEY make the laws that benefit their society and economy.. they have all the right to stand up against these practices by foreign based companies..
I like his statement "H1B is supposed to be used when there IS a job but no American to do it" What these Consulting companies have turned it into is "There is a person on H1B avaliable If and when there is a job to do" OR worse "There is an H1B holder available, on bench, but no job to do"
I totally support reform in the H1 process with a target to reduce fraud. That will ultimately benefit people like us who will come here on H1B in future.
Please don't fire me for taking his side, I'm not. I'm in favour of market deciding what it needs, but I'm 100% against fraud, and all of know these so called consulting companies ARE indulging in fraud..
Cannot agree more on the fraud prevention . Increasing the H1B application fees is not way of preventing fraud .This is punishing the small innovative companies from catching up and importing much needed talent .Keep the same fees , catch the fraudsters and make an example of them to others .
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arc
06-13 03:52 PM
EB3 I is still very unfortunate... I guess this is how the melting pot works... correct me if I am wrong.
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
Out of 140K Visas 7%= 9800 is assigned to India (All Categories)
Out of 9800 - First EB1 then left over EB2 and Then leftover to EB3 :(
From over all left over of 140K - First EB1 then left over EB2 and Then leftover to EB3 (all other countries) - Left over (EB3 China) - Left over to (EB3 India) :(
EB3 India is lowest on the FOOD Chain!!!
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gsrknth
09-17 12:16 PM
they are voting on amendment to 6020 , I hope they start discussing our bill next
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apple
10-09 10:33 PM
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
�MurthyDotCom
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
�MurthyDotCom
Similar Result if Employer Files H1B Amendment
�MurthyDotCom
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
�MurthyDotCom
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
�MurthyDotCom
Similar Result if Employer Files H1B Amendment
�MurthyDotCom
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
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NKR
08-20 12:56 PM
NKR - Sorry, I wasn't very clear and it got misunderstood.
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
I am an early 2004 EB2 filer. I am hoping that mine would get approved at least before Oct. My EAD, AP, H1 and DL is getting expired in Oct. Glad to know that citizenship is making a difference in your life. I am happy for you. Good Luck
What I am trying to say is that whether GC takes 1 years or 5years, it is worth the wait IMHO. If I have to do all over again knowing it could take 5-6 years, I will do it. But that's just my personal opinion.
How are things going on your side, NKR? Good Luck.
I am an early 2004 EB2 filer. I am hoping that mine would get approved at least before Oct. My EAD, AP, H1 and DL is getting expired in Oct. Glad to know that citizenship is making a difference in your life. I am happy for you. Good Luck
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hindu_king
10-07 09:26 AM
Properties in India will start going down. They will reach bottom in the next 3 years. This is only the begining.
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gsc999
07-11 02:21 AM
Im also trying to send it to google,yahoo and juniper... members please step in.
Is anyone in charge of media coverage?
--
Yes, we do have members working on the media contacts. You will see more traction from tomorrow morning.
Is anyone in charge of media coverage?
--
Yes, we do have members working on the media contacts. You will see more traction from tomorrow morning.
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mdmd10
09-17 11:30 AM
They're discussing about resolution establishing a task force to conduct an inquiry into whether U.S. District Judge G. Thomas Porteous should be impeached
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darslee
07-11 01:58 AM
Great idea. Since our recent flowers also ended up at the veteran's hospital, maybe we should wear yellow ribbons in support of troops?
I am not sure if you are being facetious but I think that is a great idea! :)
I am not sure if you are being facetious but I think that is a great idea! :)
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deba
06-13 07:25 PM
Friends, I understand the concept of marrying before and after 485.
My question: Lets say I go ahead and apply for 485. However, my H1 has expired, so I will be traveling on AP. So when I travel outside the US, I am technically not on H1, when I come back...am I right? So, if my spouse wants to apply for H4 visa will she be granted one? Since I had traveled on AP? I am sorry if I confused this with EAD. Bottom line, my H1 stamp has expired and I do not intend to go for another stamping while outside.
My question: Lets say I go ahead and apply for 485. However, my H1 has expired, so I will be traveling on AP. So when I travel outside the US, I am technically not on H1, when I come back...am I right? So, if my spouse wants to apply for H4 visa will she be granted one? Since I had traveled on AP? I am sorry if I confused this with EAD. Bottom line, my H1 stamp has expired and I do not intend to go for another stamping while outside.
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voldemar
02-27 05:33 PM
Not wrong.. I said it's "being" cancelled..
OK. I overlooked that.
The rule, how I understand it, will not do any harm for those people who's I-140 is already approved. But there is still risk if I-140 is not approved and labor substitution is banned.
So it all depends on how strong the case is and how much risk is tolerable.
OK. I overlooked that.
The rule, how I understand it, will not do any harm for those people who's I-140 is already approved. But there is still risk if I-140 is not approved and labor substitution is banned.
So it all depends on how strong the case is and how much risk is tolerable.
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pcs
02-13 03:16 PM
Trust me ...there is nothing better that that feeling.
I am proud of what I did as a young student leader in 1980 in BITS Pilani. When I see new students from my school, I feel happy that I did have a huge impact on their lives....
But .... I also feel sad when I see a bunch of totally passed out guys, who refuce to do anything on the initiatives of IV.
I bet 90 % of IV members are below 35 years but are totally passed out.
BOTTOM LINE IS.... LET US FIGHT & would not accept status quo. We did not come to US on boats & horseback.....
HAVE FUNNNNNNNNNN
I am proud of what I did as a young student leader in 1980 in BITS Pilani. When I see new students from my school, I feel happy that I did have a huge impact on their lives....
But .... I also feel sad when I see a bunch of totally passed out guys, who refuce to do anything on the initiatives of IV.
I bet 90 % of IV members are below 35 years but are totally passed out.
BOTTOM LINE IS.... LET US FIGHT & would not accept status quo. We did not come to US on boats & horseback.....
HAVE FUNNNNNNNNNN
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Juan28210
04-19 02:56 PM
Thanks for your responses!
This link got very good discussions on ability to pay. May take me a couple of days to read all of them though... - http://tinyurl.com/2dego7
This link got very good discussions on ability to pay. May take me a couple of days to read all of them though... - http://tinyurl.com/2dego7
lost_in_gc_land
01-31 04:36 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
rimzhim
02-01 04:56 PM
A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
unbelievable is all i can say. i just hope that there are not too many cooks around. but the truth is that this is a racket and busting these rackets will actually reduce retrogression.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
unbelievable is all i can say. i just hope that there are not too many cooks around. but the truth is that this is a racket and busting these rackets will actually reduce retrogression.
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