Thursday, June 9, 2011

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  • piyu7444
    03-20 07:44 PM
    I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
    *
    This is my situation-
    I worked for 'Employer #1' from Jan-2000 to Jan-2005
    Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
    *
    However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
    *
    Please advice-
    1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
    2) Would you consider this as simple case or complicated?
    3) Should I hire attorney? (I self filed my 485 in July-2007)
    *
    *
    This is the exact text - (changed Employer names)
    Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s

    Thank you for your time and help.

    As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.

    According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.

    in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law.

    For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.

    Hope this helps!:)




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  • amitjoey
    05-25 03:55 PM
    Sent 3rd round emails to NE congressman.

    Thank you.




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  • desi3933
    01-13 02:31 PM
    desi9333 thanks for the link. Nice one - even though it covers only Hiring practices, and not opportunities for promotions and progression.

    The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.

    ......


    You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.

    Example:
    Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.

    Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.

    Good Luck.


    _________________
    Not a legal advice.




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  • pitha
    02-10 08:31 AM
    As the saying goes “the proof is in the pudding" anybody can give statements but it is the results that matter. What results has compete america achieved, they are just giving lip service. Contrast them with the health industry lobby which has achieved results year after year. Compete america ultimate goal is more h1b which they will achieve one way or the other.

    Don’t get me wrong, I am not saying compete america is bad, I am just saying there focus is on H1b and not as much on EB relief. If they face a hypothetical situation where they can get either H1 or EB, they would gladly choose h1, that’s the bottom line. Its better to have somebody like compete america rather than nobody, but we need a corporate lobby whose main focus is eb relief.

    And there is an important lesson to be learned from the health industry lobby. They just did not say they want CIR or skil and then went back when both cir and skil failed. They started chipping away at individual items like 50000 visas for Schedule A last year and 90000 this year from unused\recaptured visas. We should also be asking for our individual line item, 485 measure. This is how a war is won, one battle at a time. It is unrealistic to have an "all or nothing" attitude that people opposing 485 measure have. If the health industry lobby had such "all or nothing" attitude they would not have got the 50000 visas last year nor would they have been trying to get the 90000 this year. Hope we learn from them.


    I am not sure about the statement "There is no corporate support for EB reform.....". Check this link http://www.competeamerica.org/. They seem to have the same agenda as ours (i.e., IV's). Is IV aware (or in collaboration) with them?



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  • pappu
    11-08 12:43 PM
    Its good that we have a democratic majority in congress. we also now have work cutout for us to contact new lawmakers. getting more members and members willing to work for local chapters is important at this time. we need to work with renewed vigour now and finish our task. pls help with increasing membership and join your state level chapter threads. I see only very few members have posted their interest. we need interest from each member in order to succeed. I am sure we will succeed. The good times are ahead of us but we need to take advantage of it.




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  • sprash
    01-14 02:50 PM
    I was wondering if there is any documentation that we can show the employers to dissuade them from revoking I-140 when leaving the petitioning company...

    I have started a thread (http://immigrationvoice.org/forum/showthread.php?t=23116) so that the documentation does not get buried in other other threads... Please reply if you have any links/info.

    Thanks in advance!



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  • waitnwatch
    05-31 10:44 AM
    This is a slippery slope,

    "would create a quota exemption for certain highly skilled immigrants who have at least three years of U.S. work experience"

    the keyword is "certain", in skil that "certain" meany MS or PHD, what does this certain mean, it all depends on the definition of certain, it would be nice if the use the same definition of skil (masters and phd)

    Please have a look on thomas. The "certain" is clearly defined in proposed SA 1249 to S. 1348.




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  • thomachan72
    07-22 10:55 AM
    I have been to the indian consulate couple of times and what I have seen so far is that people staying in the US take the consulate officers for granted.

    People take the token and start filling up the form in the consulate itself, they will be at the window and will be pasting photograph or filling up the form itself on the counter.

    I think the consulate officer should ask people that will you behave the same way at an US consulate??

    People become impatient just waiting for 10 minutes as if they entire indian consulate has been waiting for them to show up at the office.

    The way we Indians behave boarding a flight in US, the same does not happen in India. The way we behave with the consulate officers at Indian consulate does not happen at the US consulate. Why do not the same people trying filling up the form at the US consulate or try pasting photograph and even run to grab the original when they are at an US consulate.

    We want the same level of professional at the Indian consulate then we need to show the same level of professional at Indian consulate that we show at US consulates.

    Regards,
    Deepak

    Interesting observations Deepak. Issues are not very simple and are very deeply rooted to even think about changing them. To begin with there are tooooooooo many mouths to feed and people still dont realize the importance of population control:(:( Whe demand heavily outweighs available resourses then competition increases (basic to Darwinism). Primal instincts of survival come into play and behavioural modifications visible in the western nation are easily wiped off. Generally people have a desire that things be in an order but unfortunately due to the population stress prevailing in India, "disorder, corruption, favoritism" are the "order".
    Will your generation be able to see this change? Possibly not?
    Introduce the same stressors in the west and you will notice the same habbits surface here too. Natures way of dealing I guess??
    One thing is for sure; If you practice non-violence in thought and action then chances are that your surroundings will ultimately reflect that same back to you. The way you react is most important than what the surroundings actually are. :D:D:D:D:D
    Just read through a few posts in this thread and you will see "different" types of reactions and the ensuing emotions....That is all going no where. It all goes back into the global cloud of emotions and thoughts that you and me subscribe to, to live through this life.....Putting good out and taking good in is the only thing we can do...



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  • ameryki
    10-07 11:59 PM
    Hi,

    Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.

    My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).

    Given all this, I have following questions.
    a). Are there any risks associated with filing AP.
    b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
    c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?

    Appreciate any help/pointers on this.

    Thanks

    No risk associated with filing AP at all

    You did not have to inform any official agency but she should have filed an I9 form (i think thats the form) when she used EAD for work

    You cannot be on H4 and EAD either or




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  • delax
    07-15 04:43 PM
    Based on the labor approvals, I am expecting EB2 will touch 2007 in the next 3 to 5 visa bulletins.

    I know you have been correct in the past but I think we have just gotten over the hump of 2003 and a small portion of 2004 for EB2. The majority of 2004 and early 2005 still remains. There was a huge jump in March 2005 to beat PERM. I dont understand how it will reach 2007



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  • dreamworld
    06-14 02:58 AM
    Sure, though I am not back from a party... IT IS INDEED PARTY TIME FOR MANY :D

    My question was more specific, with dates being current, can you apply for 485 on any day of next month July.

    I suppose the next bulletin for Aug (that may probably be released 10 or 11 July) will be only effective since Aug 1st.

    Please confirm.

    Yes. If your visa is current in July. Then you have whole July to apply. Even if you deliver on Sundays. but i have no idea whether they accept application on Sunday's..




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  • morpheus
    04-06 10:56 AM
    There is a different visa category for australians called E1, only THOSE ppl's spouses can work. If an australian is on an H1 his wife cannot work on an H4 either.

    In that case you also have to argue, why H4's cant work but L2's can? :)

    The Australian visa is called E3, not E1. E3 is like a simplified H1B that can be renewed indefinitely and yes, dependents can work anywhere. The filing process is quick and inexpensive. There is a quota of 10,000 per year, not including dependents. Given that Australia only uses a few thousand H1's a year, this is a very attractive visa.

    In the Australian press it was implied that the US govt passed the E3 visa as payback for Australia's support in the Iraq war. Originally it was supposed to be part of a free trade agreement.



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  • belmontboy
    09-29 09:35 PM
    You get what you pay for, in a way.

    Not really.
    I have flown most domestic airlines in this country on really cheap fares/deals and had good experiences overall.

    My experience with AI was through code sharing with Singapore. And it sucked big time!

    Setting aside my patriotism for a bit, the problem with Air India is it's government run. And we all know how "professional" Indian govt run agencies are.




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  • indyanguy
    07-18 12:21 PM
    Coming back to the discussion about EB3->EB2:

    1. For all those who have already initiated the process and are aware of the delays in PERM (about 8 mos) and 140 nowadays (about 10 mos), the cost involved (close to $9k) and without a guarantee of a successful interfiling (a lot of people on this forum earlier had narrated instances of failures), what was your motivation to continue??

    2. Has anyone started this process with their EB3 140 still pending?



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  • walking_dude
    09-04 04:32 PM
    TOP 5 Excuses

    1) Participating in the rally may jeopardize my position

    Completely baseless. Rally is being organized after due permission from authorities. Further more IV designated volunteers will be there to ensure it's conducted smoothly. We will not be doing anything that provokes Americans like carrying our National Flags or incendiary slogans and dishonoring of American flags as seen during the rallies of 'undocumented aliens'. We will only be carrying IV approved banners which will not contain anything offensive.


    Freedom of Speech/Expression and right to petition are constitutionally guaranteed rights, even to non-citizens. No one can use that against you. No one deport you for participating in a peaceful rally. All of us are highly educated people who don't have a propensity to indulge in violence and/or property damage witnessed during other protests.


    2) Rallies are bad. Bad things may happen at a Rally

    Perception is a result of our experience with so-called 'Rallies' back home and some here that turn violent. The primary reason for such lawlessness being the nature of participants - uneducated and/or unemployed anti-social elements. Also the political nature of such rallies, conducted by the opposition to inconvenience the incumbent government.

    IV rally will be peaceful, as the participants are highly educated, well-employed people with families. Also IV is conducting the rally to petition the government to change rules and not to bring down/change the government.

    If you need a precedent, we have the Flower protests and SJ rally , both conducted peacefully in a professional manner. In fact a cop even expressed admiration for the way IV protesters conducted themselves, orderly and peacefully.


    3) People who do rallies are good-for-nothings who don't have a better thing to do. I might become an object of ridicule if I participate in one and people find about it. People might think I'm crazy.


    Far from truth. Everyone's gainfully employed people just like you. We aren't different from anyone else, except that we have decided to fight for our common cause based on the understanding that strength lies in unity and numbers.

    People ridiculing others is as old human habit as Columbus himself. Many ridiculed Columbus when he set sail for India. If he had backtracked, there wouldn't be America and we wouldn't be here.


    If fighting for what's right is crazy, yes, I'm crazy. If standing upto fight for my career and my family is crazy, yes, I'm crazy. However, only a little more than people who expect to recieve GC in 2 years, without anybody doing anything to change the situation.


    4) There is no reason for the Rally. The situation will remedy itself. In the recent past people have received GC in 2-4 years and so shall I. ( Do-Nothings)


    Harking back to good ol' science textbooks, let me remind you of Newton's First law of motion - 'Every body [ EB immigrants] will continue in a state of rest or uniform motion [ retrogression] unless acted upon by an external force [IV actions] to change it'. Newton understood it centuries ago. We need to understand it now.


    Situation was different in the recent past as thousands were caught hopelessly in BECs. There was no FBI check. No I-140 backlogs. No 485 frontlogs and backlogs. There weren't 300,000 to 500,000 applications pending for AOS.


    5) Rally will not succeed. Even if does succeed, my non-participation will not make a difference.


    Numbers make all the difference, in a democracy. When a politician sees a crowd, the thing that runs foremost in his mind is 'Votes'. More the merrier (the reason why undocumented aliens being 12 million are treated on priority basis compared to less numerical EB migrants).


    When a senator/congressman is faced with a thousand 'Future American Citizens' ( so called 'Americans in Waiting') - he has two choices antagonize by ignoring them or help them achieve their goals. Any sane politician will opt for the latter, when those thousand future votes could mean the difference between re-election vs. defeat.


    That's why it's important to show up in good numbers. If we approach them individually, they may and for all purposes will ignore us. But if we show up in good numbers, we will make them rethink their position and encourage to take more pro-immigrant positions.


    Though, it might seem one or two absentees don't make much of a difference, in real life it does. These ones and twos are the ones that add upto to great numbers. If we miss out on these ones and twos, we might never reach the numbers we intend to. So it's very important for every one of us to participate.




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  • homers
    05-19 02:57 PM
    Just made a $100 contribution. Would also spend lots of time in the Advocacy Days prep activities.



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  • nomad
    05-27 05:23 PM
    $50 from me

    paypal : ID #7VF22401A69945306


    Nomad
    ----------
    Monthly contributor for more than a year...




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  • Jaime
    09-13 10:41 AM
    I have been thinking about whether to attend the rally or not from past few weeks. Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!

    I am feeling so good now.

    Also, I live in DC area and can help if somebody needs to be picked from airport to the rally and drop them back if needed.

    Hope to see thousands on 9/18th...

    ALL THE BEST TO OUR CAUSE!

    Regards.

    Anucks, what great news!!! You are really committed and your sacrifice in working on Saturday will really pay off! Congratulaions on your decision, you will NOT regret it!!!!




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  • sammyb
    10-01 03:27 PM
    Couldn't stop writing this one liner to appreciate you sense of humor :D :D :D - hope we stop wasting IV server space and contribute towards positive discussion than a travel review site ...

    The discussion is getting more and more interesting. somebody posted his/her experience with a particular airlines in the begining and lot of us joined in to crucify him/her for having said that. Then saxena came with his private jet and flight atendents and now saxena is getting rounded up. Interestingly UP/Bihar came up (knowingly / unknowingly) almost as a derogatory remark. Then somebody proved that its not UP/Bihar but south indians who are really hipocrites. In between all this somehow the airlines industry people escaped and are laughing. The final take seems to be something like this; We have chosen to be frustrated and if the earth doesn't give us reasons we will look for it in the sun. Either way we will reach our goals. Now let us make a tally of how many reds / greens each person got and find the winner.
    Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
    Anyway sorry for interupting the "serious" discussion. Please continue...




    santb1975
    06-26 05:31 PM
    Please co-ordinate with Nixstor on this

    I am willing to do it. I did call up the local senators and congresspeople about supporting the bills. I have asked the GM of my company to give me some political contacts (am still waiting on him) since he had recently gone to DC to do some lobbying for small businesses. Let me check in the DC/MD forum and figure out who we should target/meet.




    sunny1000
    09-21 11:14 PM
    I didn't attended because recently I had a new boss and he was monitoring my daily schedule and being in H1b and coming so close to filing I-485, I was just waiting for my EAD or I-485 cheques to get encashed. On 21st Sep, they got encashed. Now I am bold enough to take a day or two as vacation and attend rally if organized in eastern part.

    I did paid 50% travel cost to one of our member from CA.

    Sorry for not attending this time, will do it next time.

    hello all, could not attend due to work schedule and a baby due any minute!! but am contibuting monthly and sponsored a student from houston. way to go iv amazing effort!!!

    I was 100% determined in the beginning to attend the rally, but could not for the following reasons.

    1> I was in Dallas and family in SoCal for last 9 months(from Dec 2006 to be precise). I used to meet my family every other weekend. Was trying very hard to find a project in Socal, and finally I got one where joining date was Spet 13th. I could not dare to ask for leave in the very first week. To tell you the truth it took so long b'cos of H1 status, everybody wants me to transfer my H1 or they are looking only for GC/EAD holders. Hoping to get EAD soon.

    2> My husband was planning to attend but somewhere in Aug last week we got FP notices and date is Sept 18th. The FP letter clearly mentioned that postponing might cause delays so we decided that he also has to drop the idea.

    Of course we contributed towards the rally.

    I am very proud to be part of such excellent grass root organization and now since I am in Irvine I can be active in Socal chapter.

    Also we are eager to join in the next rally and have total faith in IV leadership

    IN WHATEVER YOU DO DO IT WITH YOUR HEART - FOLLOW YOUR HEART

    ANYTHING THAT IS DONE FROM THE HEART WILL PRODUCE RESULTS.

    ONE MEMBER I KNOW FROM NY CHAPTER IS IN PATHETIC SITUATION - JUST GOT LAYED OFF, HIS COMPANY REVOKED HIS i 140 AND HE IS BACK TO SQUARE 1 ON GC PROCESS AFTER 5 YEARS, HE HAS BEEN LOOKING FOR JOBS ON A WAR FOOTING BASIS AND AT THE SAME TIME CAME TO ALL NY CHAPTER MEETINGS AND DISTRIBUTED FLYERS, ALSO HOPPED ONTO THE BUS AND ATTENDED THE RALLY. HE IS A REAL HERO AND I AM SURE SOMETHING EXCELLENT WILL HAPPEN TO HIM

    NONE OF THE EXCUSES HERE SEEM GENUINE EXCEPT THOSE IN WEST COAST WHERE IT IS DIFFICULT TO TRAVEL

    Above excuses seem perfectly genuine to me. I had a court hearing myself. I applaud your friend's sincerity in attending the rally and I also applaud everyone who attended for that matter. But, IMHO, you were too quick to judge/question other people's genuineness.



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