Thursday, June 30, 2011

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  • minimalist
    01-31 01:17 PM
    nousername,If your would-be employer had sponsored the visa,it got selected and then he has to not hire you on Oct1st because of his business not doing so well, what would you do?

    Ideally your employer should rescind your offer and buy you a ticket back home.
    But in the IT industry, that is the reason most people still work with desi employer, even thouh they know that they will be taken advantage of.

    Is it illegal? Yes. But there is a risk for the people involved.

    Also, when someone tries to land H1 for the first time, it is really tough to find an employer who can apply 6 months in advance.Most american companies don't even go through the hassle unless they are hiring for non-IT positions. Then you have companies like Infosys who apply in bunches and keep them ready for the business they are expecting in future. Try and argue with them that they shouldn't do that as many people who have jobs lined up right now will not get H1s.

    In my opinion most people who are on H1 n IT with american companies, either got in there via OPT- H1 or H1 transfer.

    You gotta do what you gotta do. If you keep thinking about all deserving people,you would never take a step forward. At everypoint in life you will have certain options and every option woul cause some or other discomfort. Unless you are involved in clearcut criminal activity, everything else is fair, in my opinion.





    Minimalist.. to begin with, I am not here to judge you or anyone else and I don't think sledge ever had those intentions. Hence, please don't take any of the comments personally.

    The original post by nehas was a question to which almost everyone, including sledge responded, trying to help her. The common answer was that she (not he) needs to switch back to H4 as she is already out of status. My orignal post very clearly indecates the reasons why I believe Neha is already out of status. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395

    After I answered Neha's question, which I know is the correct answer, I asked her a simple question i.e. is it ethical to apply for H1 visa when a person does not have a job offer, especially when the entire legal immigrant community knows that for last few years due to the visa cap it is very hard to obtain a new H1 even if you have a valid job offer.

    I totally agree with you that no one on the face of this earth is a pure saint but ours (legal immigrants) is a small hardworking community, which most often understand each others pains, and that's the reason this forum exist.

    Now, I ask you in the most humble way, what would you have done if your would-be employer had sponsored the visa but due to the lottery your application was never even selected for processing. To top that you learn from all over the world that companies like Wipro, Satyam and desi body shops applied for H1's, which they probably won't even use. Don't get me wrong.. I am a proud Indian and proud what these companies have archived..




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  • bhavinkanani
    07-06 07:59 PM
    Mine reached Texas at July 3rd 9-30 a.m. it was mailed on JUNE 30th via DHL for next day delivery but as per DHL they had routing discrepancy (or my bad luck) and they delivered it on JULY 3rd instead of JULY 2nd..any one out there with JULY 3rd delivery..any updates for them..




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  • pv2715
    07-03 10:12 AM
    I am for it..




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  • visa_reval
    11-17 04:22 PM
    Done.



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  • akhilmahajan
    02-09 12:01 PM
    Thanks a lot. Please ask your friends and family to also contribute.

    GO IV GO. TOGETHER WE CAN.




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  • makemygc
    08-01 01:10 PM
    Wait till next week-end. My 140 mailed to NSC on 11th April (why?? not sure) and received RN from texas. ND was dated 19th April. RD was 13th April.

    Now # of applications are more so it can take more time but your RD will be maintained.

    Hope this helps...

    Thanks for the info...that helps. But the issue is they changed something last month (I need to search on that) and according to which 485 will be processed in two places NSC or TSC based on their I140 approval. As you know they keep changing the rule every month, it really hard to track all of these things.



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  • avi_ny
    07-21 09:40 PM
    EAD application mailed to USCIS on 21 May 2008
    There was one RFE - USCIS requesed two photos. They were shipped on July 2nd.
    I have not received any FP Notice. (strange)
    Approved EAD (1 year) received on 21 July 2008 (Today)




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  • vbkris77
    05-04 08:09 PM
    OK Guys, it is not part of INA but part of CFR which is I believe admin decision. But I leave it to IV core to decide.

    Below is the link

    http://cfr.vlex.com/vid/42-32-employment-based-preference-immigrants-19720782



    TITLE 22 - FOREIGN RELATIONS

    CHAPTER I - DEPARTMENT OF STATE

    SUBCHAPTER E - VISAS

    PART 42 - VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    subpart d - IMMIGRANTS SUBJECT TO NUMERICAL LIMITATIONS

    42.32 - Employment - based preference immigrants.

    Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below.

    (a) First preferencePriority workers(1) Entitlement to status. An alien shall be classifiable as an employment-based first preference immigrant under INA 203(b)(1) if the consular office has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such Preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(1).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (b) Second preferenceProfessionals with advanced degrees or persons of exceptional ability(1) Entitlement to status. An alien shall be classifiable as an employment-based second preference immigrant under INA 203(b)(2) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(2).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based second preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.

    (c) Third preferenceSkilled workers, professionals, other workers(1) Entitlement to status. An alien shall be classifiable as an employment-based third preference immigrant under INA 203(b)(3) if the consular officer has received from INS a Petition for Immigrant Worker approved in accordance with INA 204 to accord the alien such preference status, or official notification of such an approval, and the consular officer is satisfied that the alien is within one of the classes described in INA 203(b)(3).

    (2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based third preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.



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  • whiteStallion
    02-18 03:54 PM
    I still dont have access to Donor Forum, I have sent out email to IVCoordinator and Starsun with the transaction/Subscription ID.

    Same for me. What do I need to do to get access to donor forum ?




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  • immm
    07-02 04:16 PM
    Mine delivered 9:00 AM via Fedex shipped on 6/30 lets see what others have i did it on saturday late evening.

    What address did you use to send the I-485 using FedEx or UPS?I sent it to the PO Box address:
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485
    I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???

    TIA



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  • SunnySurya
    08-29 01:51 PM
    Yes, I do have an update. See my posting the Lawsuit thread.
    Any update on your lawsuit?




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  • srinivas_o
    02-09 03:04 PM
    Just donated 100 dollars for the event.

    Your transaction ID for PAYPAL payment is: 2U4520238Y121973J.



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  • leoindiano
    12-26 10:40 AM
    I received FP notices for myself and spouse on Saturday, Dec 22 for FP at the Charlotte office on Jan 11.

    - gchopes.

    GCHOPES,

    My case transferred from TSC to VSC to TSC, I am from charlotte too. Did you had to do anything to get FP? My application reached USCIS on august 3rd. We got all except FP.




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  • apt29
    01-29 05:42 PM
    thanks for the reply but i already accepted the employment with the employer who sponsored my H1B

    H1 is valid for an year from the date of last used/Approval.



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  • diptam
    05-23 01:06 PM
    The point system has worked well in both Canada and New Zealand and have moved those who meet the threshold through the immigration system faster. As an non paying IV member, I am not in favor of opposing the current bill.

    Please voice your concerns to IV Administrators or if you have any misunderstanding or less understanding about what's going on.

    We all agree that Point system is more universal - But for guys who are waiting since 2001 ( say LC from CA/NY/NJ etc..) do you think its a justice
    to go through Points system again from Scratch ??

    Getting more VISA numbers to flush out the Half Million Backlog is 1st Priority according to Majority in this Forum ....




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  • another one
    07-03 12:58 PM
    should we also try another vendor just to diversify the risk of this one deciding not to deliver. I will do some research to see which others a re available.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=13&Go.y=9

    Try this link one more time ..



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  • pitha
    07-07 08:43 PM
    she said "But we're prepared to talk to people about what happened here."

    hope that means they are willing to talk about giving EAD. If we get EAD all the lawsuits will be withdrawn. The law does not say AOS applications should not be accepted when there are no visa numbers available, the law only says AOS cannot be approved when visa numbers are not available. USCIS internal regulations says they will not accept AOS applications when priority date is not current. by now its quite apparent that USCIS has broken a lot of there own internal regulations just to make sure the visa numbers are used up before july 2 2007. Then can easily accomodate the EAD for july filers. It all depends upon the pressure exerted on USCIS and DOS




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  • paragpujara
    12-17 09:10 AM
    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.


    Guys, any update on your FP notices? I have written to ombudsman almost 3 weeks ago about not receiving FP notices and nothing yet...

    What are you guys thinking as next step?




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  • test101
    07-10 08:02 AM
    sorry do not have fax ..... but if you make new thread asking people for help maybe someone can do it with you




    anzerraja
    07-20 10:11 AM
    Yes, we are considering that option. Thanks for the suggestion !

    Also VMH_GC i see that you haven't entered the pledge amount in your original posting. Could you please re enter it, so we can keep track of it.

    Thanks for your help with the spreadsheet thing


    Small suggestion, Please extend this drive until monday, lot of people might contribute on weekend.




    sam2006
    07-20 12:24 PM
    Congratulations Aman !!!


    100 $ more from my side once the Checks get cleared !!!



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