andy garcia
10-05 10:37 AM
The best way to first start the changes to happen is to file a law suit against USCIS. If we can find a bunch of people would have the same kind of application credentials and different PD were the later PD application was approved we can sue USCIS for losses in personal life and career due to their ineffeciency.
How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
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chanduv23
09-10 02:40 PM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.
During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)
when
02-29 10:23 AM
The online status shows a date Sept, but my app was received in July. Is that normal?
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rimzhim
06-01 01:57 PM
Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.
And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.
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marlon2006
06-13 03:22 PM
Hey Renata,
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
ash27
06-07 12:32 AM
Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..
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pappu
02-03 07:39 PM
Congratulations.
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ram_ram
03-18 04:48 PM
No and as per Murthy chat questions many employers do not do anything with I-140.
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sebstence
03-04 11:02 PM
I think the answer is yes.
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Tshelar
01-02 02:11 PM
The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
I think your wife should be fine if she furnishes the info that they need.
I think your wife should be fine if she furnishes the info that they need.
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gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
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GotGC??
01-08 12:03 AM
.
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
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americandesi
06-06 07:08 PM
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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sledge_hammer
02-08 01:25 PM
All I'm doing is trying to keep this thread alive by posting something :p
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vallabhu
01-02 12:08 PM
I called USCIS customer service number and asked If I can speak to that specific adjudicator customer rep directed the call to another Officer and that lady understood the issue and mentioned that I should have called before i saw denial notice she might have helped by reviewing the decision made by adjudicators but now is too late and asked me to follow the steps mentioned on denial notice which is appeal.
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Green_Print
08-01 01:10 PM
I would say some imagination fused with wishful thinking :D
Is it just your imagination or did you base this on any source.
Is it just your imagination or did you base this on any source.
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iwantmygreen
04-22 08:29 PM
Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.
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quick
December 24th, 2004, 10:24 PM
The quality sucks (I have a Motorola V710 w/1MP camera - it is at best slightly worse than the 1MP point and shoot Epson I had in 1997) and has less than zero low light capability... but I carry my phone everywhere.... int he upper right of my blog (http://threefourfive.com) is a secion called moblog that has the latest photo I've sent to my blog - you can click on that and get to a gallery of all the photos I've sent to it (videos too)... it's only 8 clicks to send a photo and have it auto posted to my blog... nice for super quick snapshots of my kid or something for my mom to see.
-dq
-dq
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LostInGCProcess
01-12 12:20 PM
This is absolutely illegal. Never never do this.
I concur with you, Marphad.
Its illegal to mail passport cross border.
I concur with you, Marphad.
Its illegal to mail passport cross border.
RDB
07-12 09:31 PM
I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.
sdeshpan
06-24 06:18 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
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