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  • unitednations
    08-25 02:03 PM
    I agree it is wrong ...but let us look from the employer point of view ...mostly such employers are small companies trying to survive ...they have to balance 2 acts ..get a consultant and then find him a project soon..both are unknowns ..i.e. his consultant may get a h1 and then that person on h1 maybe smart enough to get a project ..it is difficult and these companies do serve a purpose i.e. they give entry in to US for many consultants ..who then jump after getting some experience.

    The issue boils down to this:

    Companies want to retain the employee as long as they can

    consultant wants to leave as fast as they can

    company wants to pay the least

    consultant wants the most pay

    Above four issues can be dealt with.

    However; off of a project; company doesn't want to cancel h-1b (their investment, don't want to pay salary because it is cost prohibitive; many consultants want to go % basis as soon as they can and that is very little to pay people who are on bench). company tries to tell consultant to transfer h-1b or go back to home country and wait for new project. Consultant doesn't want to go back (they have their life here; kids going to school; car payments, friends, etc.).

    It is a pretty easy solution from a company point of view; we don't pay bench but as soon as you are off project then you gotta go. People will beg and plead not to go; they will then try to transfer h-1b to another company without a job.

    A lot of this has to do with person not wanting to leave and do everrything possible to stay.




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  • franklin
    07-10 05:02 PM
    Reminder - there is a nor cal conference call tonight to discuss the plans




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  • dpp
    07-27 09:23 PM
    I was looking at the comments of one "sodepressed" in the Ron gothcer's forum..I am feeling really bad for this guy..I dont know what logic USCIS follows..but I assure you EB-3 I will fight for fair share and get it..with in 140 K numbers or thro Visa recapture #'s..first is to highlight our problems..so lets do it in creative ways...

    EB-3 I I can see we progressing very soon..lets send out those letters..


    :)

    Where the hell all these guys when EB3 is getting 80K to 100K of total 140K visas all these years and EB2 is getting just merely 10%-15%. Nobody from EB2 didn't felt jealous like this before. It is hard to digest for them now.




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  • nehas
    01-30 01:38 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.



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  • waitingonlc
    06-14 04:04 PM
    My attorney sent my case on 05/31 via Fedex to NSC to reach by 06/01.so far no receipt received per my attorney.she has written the checks for me.I may have to wait and see.




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  • sayonara
    09-06 09:15 PM
    Hi all,

    Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:

    EB2 India - Filed Sept 06
    140 Approved by TSC in Apr 07
    485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
    LUD on 140 - 08/05
    Recd EAD and AP - 09/06

    Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.

    Good luck to all those still waiting !



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  • samrat_bhargava_vihari
    06-11 05:33 PM
    I think the answer is yes, we will get our EAD and AP.

    USCIS only looks at your PD while they issue case number (when you file for 485) and next when they approve your case (they issue your GC)

    they will issue an EAD and AP for all pending applications. EAD and AP don't need PD. as long as you have a case pending with USCIS you can get new/renewed EAD and AP

    bostonqa is right




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  • beppenyc
    06-21 04:16 PM
    No one thinks this is feasible??
    Is the only hope. Reality is that we have to wait for November and hope that Democrats will gain power at the House. Is important to undestand that only the conservative repubblican are blocking and killing the bill. We have to hope for the Democrats to gain control.



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  • insbaby
    02-22 12:27 PM
    [QUOTE=nmdial;1984351]
    An egg, when broken from inside, brings in new life but if broken from outside, kills it.
    [QUOTE]

    It has 1001 meanings within it!

    Thanks for sharing...




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  • bmoni
    05-01 11:32 PM
    Even if we have five people agree to file this class action lets do it .....
    Once we have this law suit filled I'm sure will have the visiblity and whole band wagon will behind us.

    1, Let choose an attorney who understands our pain wants to fight for our cause. if its Rajiv Khanna so be it.

    2, Whatever the inital attorney consultion let split the consultation fee between five of us.

    3, Once we have a stream lined class action in place will gather more people.

    what you think ..?

    I absolutely agree what you said this will atleast help us to predict where we are with the processing ..If this whole thing is going to take 22 years tell us now..so we won't F****** throw away our life waiting for it.











    Lets file a lawsuit to get the info in a manner we need:


    1) breakdown of processing dates in a manner that co relates to visa bulletin.
    i.e.: tell us how many petitions by per country are pending/processed and processing dates by country and category. Atleast USCIS is answerable to visa bulletin.

    2) Visa usage by category reporting each month
    (How many petitions were approved are pending by visa category and by country) (here I mean just I140 and I485). Adjust the numbers if there are denials.

    This will atleast help everyone predict whats going to happen in recent months. One of the heartburns we have is no information comes out of USCIS and we are held hostage to what oppenheim says or Aytes says or Sheela Murthy says. This is public information so lets try and get it public every month.



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  • StarSun
    02-22 09:05 AM
    Guys/Gals,
    We need your time, your enthusiasm on the advocacy days. IV is a grass roots organization. You are the grass roots.

    We face problems of backlogs, and career uncertainty. IV is offering a solution, if implemented, it will bring relief to all. IV needs your help to deliver what you and I "NEED" AND "WANT".

    HELP IV HELP YOU.

    We need heavy participation on the lobby days, I need volunteers from different states to ask me "How can I help?" instead, I am trying to find volunteers! I have been able to persuade members who have received GCs to help out, but getting members who are still in the mess are either unaware of the advocacy days (in spite of the thread running on the home page for the past month) or are not ready to talk to the employers to take the two days off. Capitol Hill runs on weekdays and therefore it is necessary for you to take the time off.

    Come on guys, you can do better than this. Donors, members, guests - we are all in this together!




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  • gc28262
    07-20 10:29 PM
    If America is so unfair, who/what is compelling you to stay, heard there is an apartment available in Nandita's bulding in Bombay.
    I have my reasons to stay here which you will never understand.



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  • cjain
    11-01 04:48 PM
    manderson,

    thanks, but i believe this is incorrect. Per the 2005 Aytes memo (http://www.peludcarson.com/2007/01/aytes_memo_on_a.html) it is clearly stated that person can change jobs after 180 days irrespective of whether I-140 is approved or not. The key phrase is that I-140 should've been "approvable when filed".


    cjain, wait till it's approved becoz if ur employer withdraws the 140 before it's approved (even after 180 days) then ur 485 will get rejected. if employer doesn't withdraw and 140 gets approved after 180 days, at that point u will be safe to change employers but might get RFEs later on. So instead of taking a big risk wait till 140 is approved and 180 days are over before you leave employer.




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  • Ushakiran
    05-10 06:25 PM
    Did I say Nigerians should stand behind ALL of Chinese and Indians??? Can you read English? What I am saying is all should stand in line purely based on priority date, no matter whether he is Chinese, Indian, Japanese, or Nigerian. Yes, we were aware of the quota. yes, the quota has been there for a while. are you aware of robbery in this country? does that mean robbery is good? does that mean we should not do anything about that?

    You got to be kidding. Why not rename the "World" as "India" . Typical disdain. The quota was IN the system before anyone got here by H1B, so your argument is fallacious. We were all aware of the quota when we got here.

    There are highly skilled programmers from Nigeria also, just not in the same numbers. So you want them to stand behind all of China and India ?



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  • wantgc23
    09-09 08:27 PM
    Fcuk!

    Just when I thought about quitting Drinking... Oh Well... back to the booze...

    :) understand the feelin




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  • skark
    08-19 01:09 PM
    I did! All they're saying is to wait till 90 days are up and call back or take infopass appt!:mad:

    same for me tooo...
    I also didn't apply AP..
    Did you call TSC?
    I am thinking to call them...they might request from NSC and this way those guys might pull my case out from black hole...
    and approve I485...BIG IF ...if i m lucky...



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  • arunmohan
    09-09 08:20 PM
    In current situation Labor is impossible for approval. My attorney told me clearly that labor is impossible to approve in this bad economy and wastage of money.




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  • gclongwaytogo
    10-11 02:39 PM
    July VB Fiasco I-485 Receipting Delays

    The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.

    We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!




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  • andycool
    08-20 01:23 PM
    Ha ha Congrats....

    Story of my life. I complain about delay with my application. Someone joins me and tells me they are in the same boat and the very next day that someone leaves the boat and jumps into "greener" pastures. Everyone is leaving the boat and I seem to be left out :(

    Who else are in my boat? (Application with an officer for over 2 weeks and still status = "Initial Review")

    Me....

    SR ...on Aug 02 ...Response ..> Under review ...wait 60 days
    Info pas...on Aug 06...> with officer wait 30 days..




    amitjoey
    11-17 03:48 PM
    Lets do this. Please get involved. Please post if you have already sent this email, that will be encouraging for others to do it. Also, We can build a strong momentum if this thread immediately starts running into 100's of pages.




    jungalee43
    11-17 03:24 PM
    Done. It correctly showed the representitive and the senators. But I am not sure it went. Particularly the screen of advacacy to send mail to 6 frineds kept on coming up. If I don't receive confirmations to my account, I will send once again. Or I will call them also.



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