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  • neverbefore
    08-30 02:52 PM
    My wife and i got emails from USCIS and we checked our status online and it is now CPO. The approval is based on my wife's applicatiion ( EB2 India, Dec 2005). I had two applications one as her dependent and another my own that is EB3 I, Jan 2004.

    Great news. Congratulations





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  • Amma
    02-24 08:07 AM
    Thanks for your help the common cause.

    Keep it up.





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  • gc28262
    06-28 09:33 AM
    Thanks for your reply.

    H-1B visa holder is not authorized alien to work for any employer. Employer can not be asked to provide H-1B sponsorship.

    Infact H-1B worker has lot of restrictions related to his work. H1-B worker has to work only in his job location and pay range as specified in LCA. Any significant changes in job location, job duties, and/or salary requires LCA and H-1B petition amendment. H-1B worker is out of status when out of job for any reason. EAD holders, OPT are immigrants, who are not permanent resident, but they do not have such restrictions. And, thats why, they are authorized alien to work for any employer. (Hint: SSN card for H-1B holder has line - work with USCIS authorization only whereas GC/EAD holder does not have that line on their SSN card).

    Authorized alien include EAD holders, GC holders, OPT, and US citizens. If you don't believe me, feel free to put this question in lawyer's forum and let me know what response you get.

    Now, coming back to your quote
    This simply means that Employer can not discriminate for hiring (or other aspects of hiring) any individual because of Immigration status (i.e. GC, EAD, OPT). For an employer, two applicants can not be discriminated because of their immigrant status, as long as they are authorized to work for the employer.

    In fact, from legal pont of view, applicant requiring H-1B sponsorship can br refused without assigning any reason beyond employer can not sponsor H-1B visa at this time.

    It is legal to advertise job that this job position is open for workers who have unrestricted work authorization. EAD is nonrestrictive work authorization in spite of its expiration date.



    Again, this is because, as GC holder and H-1B worker are not at par due to restrictions in work authorization. Employers can not be asked to apply for H-1B visa. Most employers would like to avoid hassle of visa sponsorship (additional paper work and legal requirements) and they prefer hiring H-1B worker as contractor through consulting company instead of employee.



    _______________________
    Not a legal advice.
    US citizen of Indian origin


    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.

    No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).

    BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.

    My turn to ask you a proof.
    Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?





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  • bsbawa10
    05-10 05:08 AM
    GC Visa's are per country per year, where as H1's are not per country based, we indians used most H1's and stood in queue for GC's of course there is path so we stood, in fact it is one attraction they used to bring over here, to start with, per country GC visa limit is a poor thought.

    GC quota should be better tied to H1 quota or raise the limit and god knows when did they put the numbers per country GC, before H1b program or after H1b program.

    H1b program allowed hundred's of thousands to come in, in fact which they encouraged i can dare to say and GC visa count is not according to that and they let all these families to stay in limbo or wait forever is not a good sign.

    Irony is majority of these folks are purposed to solve or improve all kinds of problems ranging from improving enterprise's response time from months to minutes or minutes to secs and other kinds improvements, who's families and them selves stuck in a decade long "legal immigration" battle of their life.
    Hey, I like this suggestion a lot.



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  • bobzibub
    07-08 12:13 AM
    It gets interesting. Doesn't it? Even if the court agrees that this is a fiasco and would like to compensate the beneficiaries by allowing us to file for 485, it would be in direct violation of the law that " there must be a number available on the day of filing ".We don't have any numbers. Do we? My point is, will a judicial system go out of the box and allow us to file when there are no visa numbers available? The only way is get numbers and make every one file and the only way for that is to undo what the USCIS has done in the last 2 weeks of June. Just my thoughts. I am ready to take anything positive out of this because I have least hopes pegged on the law suit.

    If there must be a number at the day of filing, who's responsibility is it to manage that then? The applicant's? I filed my eb-485 based upon *their* indication that there were numbers available. I relied upon them in good faith that there were. Now I understand that they did their best to use them up as soon as they issued the visa bulletin--probably because the July 485s would not be at the higher fee schedule.

    I think a judge would have no option but to allow the filings. It is not that allowing the 485s to stand would break the "numbers must be available" law. That law has already been broken, when they put Cs all over the visa bulletin.

    Cheers,
    -b





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  • suriajay12
    02-26 08:02 AM
    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.

    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.

    Please see my answers in BOLD. Please do not assume I am mad to put in BOLD. This is just to make my point more VISIBLE.

    Yeah! Its common sense dude! Lets keep the 50USD in pocket when one has job rather than contributing to a cause that might help keep the job or makes voice heard when a bad bill comes out.. Choice is yours and your friends. If you/your friends are expecting a GC because you paid 50$ towards this effort, I dont know what to tell. If you/your freinds are expecting to hold xyz accountable for every single penny of the donation, that is not the attitude that will bring US together.

    Ask your friends to understand the word lobbying and advocacy efforts. How much work it takes to hire a firm and get strategic advise? How much a firm that advises strategically and positions the issue strategically charges per hr? If an IT consultant is charged at the rate of 100-200USD by a big consulting company, Imagine how much would a consultant such as these people on the hill charge? I dont know but I wont be surprised if its north of 500USD an hr.
    YOU GOT US WRONG.
    THEIR POINT IS VERY CLEAR TO ME. THEY ARE WILLING TO SPEND MONEY, AND DO KNOW THE COSTS INVOLVED.
    THEY ARE SPENDING CLOSE TO $5000.00 EVERY YEAR FOR 1 YEAR HI-b EXTENSIONS, VISA RENEWALS, EADs extn, APART FROM THE STRESS AND PAIN DUE TO THESE BACKLOGS.We cannot put a number on the pain this has created.
    THEY ARE NOT TALKING ABOUT $10, $50 OR $100. THEY ARE READY TO SPEND EVEN $5000.00 AS I FELT, BUT THEY WANT TO SEE THE ACTION PLAN. YOU CANNOT SAY I WILL WAIT AND WAIT AND THEN WHEN WE NEED TO, WE WILL START A CAMPAIGN AND THAT IN SHORT NOTICE WE WILL NOT BE ABLE TO GET THAT MONEY. WE UNDERSTAND THAT. BUT OUR QUESTION IS WHAT DID WE DO IN LAST NEARLY 2 YEARS APART FROM VOICING IN 07 FIASCO.


    With out IV, The only two things folks on the hill knew were illegal immigration and H1B visa. Now more than 75% offices know the EB issue inside out and have a position on it. This is an effort that needs to be continued until we get a solution.
    WE UNDERSTAND AND WE WANT TO MAKE IV VERY STRONGER TOO. WE DID RESEARCH MANY SITES AND FINALLY NOTED IV IS ONE OF THE BEST WHERE SO MANY PARTICIPATE (READ AS "GIVE IDEAS, BUT NO ACTION") ALL THE TIME. WE DIDNT SEE ANY OTHER SITE WITH THIS MUCH PARTICIPATION AND HENCE WE WANT TO STICK TO THIS AND COLLABORATE HERE.

    "What is the action plan for FUTURE"?

    Relief from Retrgoression. Continued advocacy efforts. is it that difficult to know? I dont know but it seemed obvious to me.
    WRONG. "RELIEF FROM RETROGRESSION" IS NOT THE ACTION PLAN, THATS ONE OF THE END RESULT. WE NEED TO KNOW ACTION PLAN. LOOK AT THE CURRENT STATE OF HOUSING. WE EXPECT A CAMPAIGN TO TOUCH THE RIGHT PEOPLE TO SEND THE MESSAGE HOW WE CAN HELP IN HOUSING, JOBS. WE OFCORS DO NOT SUPPORT WE GO THEIR WITH IMMIGRATION BANNER AT THIS TIME FOR OBVIOUS REASONS. DONT YOU THINK OBAMA KNOWS IT. NOW DONT COME BACK WITH 20% DOWN PAYMENT. WE NEED TO TELL THEM HOW WE CAN CONTRIBUTE.
    YOU ARE A PHD HOLDER, OR YOU ARE SOMEONE WHO HAS EXPERTISE IN SOMETHING AND CAN CREATE A JOBS. THATS WHAT THE GOVT WANTS TO HEAR. AND HERE YOU ARE NOT EVEN WISPERING..
    AGAIN "RELIEF FROM RETRO" IS JUST ONE OF THE THINGS WE WILL BE FIGHTING FOR,. THERE ARE MANY OTHER ISSUES AND FOR THAT ALSO WE NEED TO CONTRIBUTE IN MUCH SMALLER AMOUNTS EVEN AFTER OUR ISSUING ARE FIXED. THATS COMMUNITY.

    Finally one question to ALL.
    If we see a good action plan from IV Core and a date, how much are you willing to contribute.I am now ready to do $2000.00 instead of $500.00 as I said before. I am not very well-off to do this much (my friends are, though). But this looks to be nothing when compared to the loss many faced waiting 5-10- years. So I will do.
    Feel free. Remember how it feels like if you get it. and dont forget how much you are spending now for different immigration related issues. How much are you ready to contribute to IV.



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  • pt326bc
    10-01 04:25 PM
    Hi,

    Can someone explain the process of using AC21 for self employment? I have searched the web without much luck. If someone can throw some light on this topic along with how to deal with issues that come up with AC21 and self employment I would really appreciate it.

    Thanks in advance
    Check out www.shusterman.com and it has a section on AC 21 180 day portability. There you will find all the USCIS memos regarding this topic (starting from 2001 to 2003 and the 2 memos in 2005). The last memo from December 2005 addresses the issue and the way I understand it, it means you can have self employment while waiting for the final approval. But you still have to have an employer at the time of final approval of I 485 in the job category mentioned in LC and I 140.
    Regards.





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  • coolstonesa
    05-03 07:04 PM
    Compare this stupid, never ending GC process with the Canadian one. Back in 1996, I got my Canadian residency in 5 months when I applied from India. Within 3 yrs i.e. by 1999, I got my Canadian citizenship. I know Canadian GC process takes more time now but it is quite straigtht forward and you can self sponsor.

    I had applied for labor in 2002, got approved in 2003 but couldn't file 140 as the employer went out of business. Reapplied through new employer in 2003 and am stuck in PBEC ever since. The time span/ requirements to get card in hand is so long/complex that many things can go wrong on the way...e.g. layoff/ employer bankrupt etc. etc.

    I wish someone can understand our sufferings/ pain.


    I agree with MChundi here. I have been in this process since 2002 and have worked closely with my lawyers but it never ceases to amaze me how much complexity is built into the GC system. Putting the ads, applying for labor, aplying for I-140 answering any throwbacks from DOL/UCSIS. TO add to that the goof ups by the immigration lawyers and their para-legals certainly confuses the hell out of u.

    Most ppl who apply for GCs are unaware about retrogression and PBEC problems at the onset. Even if they are aware u think, "well, my labour will take abt a year or so so by then hopefully things will become current". I mean not a lot of us, have the time or the foresight to plan THAT much in advance.

    Now if we as H1s dont know the deal here, H4's CERTAINLY dont know the deal and it takes them a LOT more time to grasp the reality of things coz they have to absorb many other things like learning how to drive here, learning how the credit system works here etc etc etc.

    All that being said, i would ask the H4's to try and avoid pointing blame at the IV members. This is not an easy process for sure. We are in NO position to demand anything from the US Govt. Whatever progress we have made is also quite phenomenal. I Still cant believe we collected even $100,000+ !! Right now the best strategy is to solve the primary applicant's problems and try and get the dependents problems go away along with that.



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  • GTGC
    09-16 04:53 PM
    Great Thanks. Please PM me your email ID, Ph# and amount u would like to pledge.

    I can contribute $200 - and dont be disheartened if only 2 people responded today - keep the thread and top and give it visibility!

    we've gotta keep moving forward ....!





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  • anzerraja
    07-20 09:52 AM
    The thread is growing at an amazing speed.

    With the least advertisement there are people joining the thread to do their fair share.

    Very impressed !!!


    TOGETHER WE CAN GET THIS DONE TODAY



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  • royus77
    07-07 09:37 PM
    Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.

    Let start a Poll for the DC rally for next week end ( poll end date tuesday night) .We will take a call some time then.Putting on the main page will enables nearby states people to join





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  • desi3933
    06-28 07:08 AM
    A note to my fellow IV members - I am not after the $42/Hr job. Good luck in finding a US citizen to do this job. I was wrong about EEO, it is actually IRCA which prohibits discrimination in recruitment and hiring.

    Best Practices for hiring workers from Department of Justice (http://www.usdoj.gov/crt/osc/htm/best_practices.htm)



    Thanks, Walking_Dude, for putting this link.

    As per web page on this link -Do allow all employees (including non-U.S. citizens) to provide any permissible documents to establish their identity or work authorization during the employment verification process.This will exclude applicants on H-1B visa status as they don't have work authorization to work for the new employer.

    However, as I said before, Employer can not discriminate between GC holder, EAD, and OPT holder.


    .



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  • go_guy123
    05-31 11:16 AM
    I only took Bank Statements. In my case they did not even ask to see those.

    Actually in the landing paper there is a place where teh officer needs to sign of funds as well.
    some places officers dont ask for it and in other places like rainbow bridge they do ask for it. However it is justa small formality...i just tooka printout of the online statement and that was fine with them.





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  • collkaverill
    07-02 09:41 AM
    If there is a revised bulletin which shows that your Priority Date is retrogressed then your's will be thrown off ....

    I mean you missed a golden opportunity because you had whole of June
    to file - i know its not your fault , just stating the Fact.

    Yeah, I know my life sucks. I have a priority date of Jan 2003. Got filed under EB3 even though did MS here... I begged and pleaded that they atleast send it on Jan 28th. For god's sake, I was qualified all the way since June 1st. I gave all the documents necessary by June 6th itself. Well, but they had to file on 29th.



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  • dtekkedil
    07-10 02:28 PM
    Looks like CNN - India covered the our flower campaign story on TV!

    Just got an SMS from India!





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  • gc_lover
    07-02 08:52 AM
    Delivered to Lincoln, NE on July 02, 2007 at 7:55AM.
    Signed for by good old Robin Williams. This man would surely suffer from Carpal Tunnel Syndrome!

    Robin Williams? Are you sure it didn't go to Hollywood!



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  • Lasantha
    02-05 10:30 AM
    I only took Bank Statements. In my case they did not even ask to see those.

    As proof of funds for landing, do we need to carry cashiers-checks etc or just a plain printout of bank-statement (INGDirect) is good enough?

    Thanks.





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  • diptam
    06-27 12:26 PM
    Another clause which dreads me ... "Waiver of Rights"

    5. Employee also understands and acknowledges that there are other state and local human or civil rights laws as well as other statutes which regulate employment, and understands and acknowledges that the common law of contracts and torts may regulate employment in some fashion. Employee hereby waives and releases any rights he may have under these or any other laws or contracts with respect to his employment and termination of employment at the Company. He agrees to give up any claims he may have against the Company, alleging that they have (a) discriminated against him, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, (d) sexually harassed him, or (e) otherwise acted unlawfully toward him.


    >> Can there be agreements with open ended time periods
    No. Usually agreements define maximum time period or a condition (whatever happens first).

    Here is one example. An actor may agree that he won't sign any other role until this movie is completed or 12 months from the agreement date.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002

    desi3933 at gmail.com





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  • abhisam
    02-02 04:18 PM
    I think you have made a great decision asdcrajnet. Best wishes for all your future endeavours (note the "u" in the spelling :-))

    I will be following you pretty soon. I should be there by December 2011! I would like to provide a small piece of advice to others who are contemplating moving back but haven't made the decision yet.

    Before that, a little bit about my story- I came to the US in April 2005 with the intention of living here for five years and then returning back for good. I told my brother about my intentions, which for some reason made him laugh. He said 90% of the people intend to "move back in five years" but never actually do. You have kids here and then they grow up and start going to school. Then you feel your kids will not adjust to schooling in India, and you end up living here. I didn't care so much about his comments until two years later. My brother again asked me - so when are you moving back? I said - in another five years. Holy S***!!! I never realized when my five year plan became a seven year plan!!!

    So now coming to my word of advice - set a hard date and work towards that date! Don't just say "in a couple of years"! In December 2006 I set my return date to April 2012 and started working towards it. I started thinking seriously about what I wanted to do in India, what I needed to do here now to improve my chances of succeeding in India, etc. I asked my wife to answer the same questions about her career in India (by the way, it's our joint decision to move back!). I will be starting my own business when I move back. I have already identified partners, made some connections in Mumbai and have started talking to potential customers. I will be making a brief visit to Mumbai later in March, and am planning to move back for good by December 2011.

    So if you are serious about moving, set a hard date and work towards it. Otherwise, five year plans become seven, ten, fifteen year plans and you end up living here for good (nothing wrong with that by the way, if that's your intention)!

    - abhisam





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    Administrator2
    03-08 05:19 PM
    Also you seems to be straying from the original intent of the thread...

    mirage,

    The original intent of the thread is flawed and against the very purpose of creating such a thread. We have explained you during the phone conversation that it is not the right time to pick up country limits issue. We have run this by our strategist again and they have also advised us that its not the right time for this issue. Others on the forum, including unitednations, have also made an attempt to explain you the issues we are all dealing with. You are free to do whatever you think is best for you. We think that your actions are likely to harm the community effort. So in the best interest of the community effort, please be cautioned that we will be forced to ban you from this site if you continue this on the forum.

    All the Best.



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