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Friday, June 24, 2011

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goel_ar

11-15 12:05 PM

[QUOTE=pd052009;2116961]GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).

we do have it : EB1/EB2/EB3. See EB1 is exploited by 'lot of' people (due to legal loophole) -these people have 4-5 yrs. total work-exp. & get half the salaries & are only 50% useful to US economy than tons of people stuck in eb2 & eb3.

(i know - it is all useless discussion ; won't result in anything).

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immi2006

02-11 02:00 PM

But even with primitive PD's if visa nos are not available, things will still be the same. What say abt 6 yr old pd's in EB2...namecheck removal doesn't help!!!

But atleast with PD of March 2001, I have some hope, esp mine is in NC presently.

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mandyharper

November 27th, 2004, 08:07 AM

What about the brand new Olympus E-300 Evolt releasing in Dec? I am hoping to pick one of these up before Xmas.

The Sad Story of H1 transfer [Archive] - Immigration Voice

View Full Version : The Sad Story of H1 transfer

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chanduv23

09-19 02:04 AM

I have been feeling sad that I have not been able to make it to the rally and after hearing about the energy, the camaraderie and the excitement you all shared I know for sure I missed out on a once in a life time oppurtunity, there will always be that sadness in me, the only comfort I have is that I tried to contribute in ways other than attending the rally.
But I am very glad that this turned out be such a resounding success.
IV ROCKS

U bet - but your support from the behind was great :)

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Dhundhun

07-09 01:30 PM

For 3-9 years, it is a good news.

For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.

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chtting2me

07-13 06:03 PM

They removed "watch August bulletin" link on immigration-law.com. Hoping they may release on monday

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polkam32

02-09 12:08 PM

Hi,

Mine also similar case and my priority date is 11/04/04. I searched in 2004, 2005 and 2006databases but I did not find mine. Is there any other place to get the accurate info.

Thanks in advance.

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learning01

05-03 10:11 AM

He doesn't have much credibility even in republicans. he talks filth and spews venom. It is better to be safe than sorry with these talk show hosts.

i do agree with gcsucks that he is pro indian, i have heard him defend migration from india when a caller called him to complain about the H1B program. but he sure is moody, cause if we catch him on the wrong day then the responce can be unpredictable.

once he did a show on why indian kids end up winning spelling bee, and it was an interesting analysis of our culture and our dedication towards education. but his primary concern was that someday it will sure happen that indians will start dominating the american lifestyle and policy.

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AmericanDreamZ

10-19 01:11 PM

I was just thinking, the wastage of visa numbers we see, is that basically due to the per country quota. The rule that no country can have more than X% of GC's in a year, would mean that even though there are visa's available, they cannot be alloted due to that per country limit.

Anyway the smaller number of application is good news.

-AD

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zCool

04-10 08:26 AM

There are 2 separate issues here..
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.

I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,

Basiically don't be scared, don't get mad, get even..

Hello Everyone,

Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

I want to get out of the contract and work with the vendor if Possible.

Please explain me how can I tackle this problem?

I would be really very very thankful to you.

Thanks,
Uday

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dummgelauft

04-20 09:48 AM

All of of this, writing to the president, congressman/congresswoman are fine, but PLEASE, PLEASE make sure, that the following are adhered to:

(1) Address the President as "Honorable Mr. President", and not "Hello Mr. Obama"

(2) Please please please apply spell check and make sure that your letter/email/fax is grammatically correct. All of us claim to be "best and brightest" and "highly educated", but having seen the composition skills and grammar usage of a lot of us here, on IV, I would higly recommend having another person, who is more competent in the PROPER use of English language, take a look at whatever you write.

(3) It would make sense to send letters (several thousands of them, if possible), to the President, on the same day. Even if a handful of these letters make it to his desk, each with same/similar content, but from different people, he just might notice it enough.

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485Mbe4001

04-06 03:34 PM

interesting that you created an account just to post this...

HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.

Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.

The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.

The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.

Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.

Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States

Link : http://economictimes.indiatimes.com/articleshow/4359174.cms

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santa123

08-13 08:24 PM

what is surprising is that most of the IVans predicted that the SEP VB will make the dates U for most categories and also the dates will retro. Also Ron Gotcher too predicted that the dates will retro.

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tv25

09-15 10:23 AM

We need experts advice in the following matter.

Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.

When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.

We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying

"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?

We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying

"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."

Can you advice us what to do next?

1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?

Please advice on this matter as we have travel plans next month.

Thanks in advance for your help.

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satyasrd

04-19 08:10 AM

Hopefullegalimmigrant,

I am happy to see your posts and I am in to put all efforts required. There were some talks earlier about having a rally in DC. I think we should do that to get attention.
I have asked this question before but is this something IV can help us with ?

Thanks

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hsingh82

04-21 12:11 PM

I would support this bill since it makes a lot of sense. I am not going to benefit from this since I have masters and not PhD but people who have sacrificed the lure of big money to live on campus with 2-3 roomies for almost 5 years in which time their friends who graduated are driving lexus and staying in 5 Br homes need some consolation prize. This is a great move for these students as well as the country.

While I definitely support this bill, I fail to understand your logic here. They definitely are bright candidates but they did everything by choice for the personal and professional gain. They should be given GC because they are asset to this country not because they don't own lexus or 5 Br house which by the way tells a lot about other hardworking people who own them.

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yestogc

04-06 06:12 PM

I totally agree, you should first have an RFE in hand and the decide if it is urgent or a simple one which one can handle.......... if URGENT then do search threads to see what solutions are stated, if none match your criteria then you are welcome to post on a new thread.

Without RFE in hand, you will only get unrelated answers, instead of giving you solace it will worry you more. Like people might suggest, your old employer may have revoked your petition or you might have done something wrong in filing for AC21 (IF you have done that)............... so let it just come and then decide.

Since this was your first RFE , do not worry. I believe all of us pass through this stage of RFE , now it may be at any stage. I too got mine on 140, but gotaway with it.

Relax you will be fine.

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pushkarw

12-19 05:36 PM

When you want ride in a bus, you have to buy a ticket. I hope everyone agrees - at least that is the legal way :). The ticket to ride on the "Omni Bus" needs millions of dollars not thousands. Thousands lets you look inside the bus, not ride it.

LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!

Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.

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Siboo

04-21 09:13 PM

You can file appeal your I-140 denial and based on the appeal, you can get your 9th year extension. As long as appeal is filed and pending, you can extend your H1B. This is what I heard.

vactorboy29

02-19 01:11 PM

THIS IS INDIA AND INDIANS
LOOK WHERE OUR MONEY IS GOING????
Revelation on Swiss Bank Accounts "who can save india no one knows where tax payer money is going " Revelation on Swiss Bank Accounts

This is so shocking . . . . . wish black money deposits was an Olympics event . . . . . India would have won a gold medal hands down. The second best Russia has 4 times lesser deposit. US is not even there in the counting in top five !!

India has more money in Swiss banks than all the other countries combined !!!!

Recently, due to international pressure, Swiss govt. agreed to disclose the names of the account holders only if the respective govts formally asked for it. Indian govt.. is not asking for the details . . . . no marks for guessing why ????

We need to start a movement to pressurise the govt. to do so !! This is perhaps the only way, and a golden opportunity, to expose the high and mighty and weed out corruption !!

Please read on . . . . . and forward to all the honest Indians to . ... . like somebody is forwarding to you . .. . . . and build a ground-swell of support for action !!

Is India poor, who says? Ask Swiss banks With personal account deposit bank of $1500 billion in foreign reserve which have been misappropriated, an amount 13 times larger than the country's foreign debt, one needs to rethink if India is a poor country?.

DISHONEST INDUSTRIA LISTS, scandalous politicians and corrupt IAS, IRS, IPS officers have deposited in foreign banks in their illegal personal accounts a sum of about $ 1500 billion, which have been misappropriated by them. This amount is about 13 times larger than the country's foreign debt. With this amount 45 crore poor people can get Rs 1,00,000 each. This huge amount has been appropriated from the people of India by exploiting and betraying them.

Once this huge amount of black money & property comes back to India , the entire foreign debt can be repaid in 24 hours. After paying the entire foreign debt, we will have surplus amount, almost 12 times larger than the foreign debt. If this surplus amount is invested in earning interest, the amount of interest will be more than the annual budget of the Central government. So even if all the taxes are abolished, then also the Central government will be able to maintain the country very comfortably. .

Some 80,000 people trave l to Switzerland every year, of whom 25,000 travel very frequently. 'Obviously, these people won't be tourists. They must be travelling there for some other reason,' believes an official involved in tracking illegal money. And, clearly, he isn't referring to the commerce ministry bureaucrats who've been flitting in and out of Geneva ever since the World Trade Organisation (WTO) negotiations went into a tailspin!

Just read the following details and note how these dishonest industrialists, scandalous politicians, corrupt officers, cricketers, film actors, illegal sex trade and protected wildlife operators, to name just a few, sucked this country's wealth and prosperity. This may be the picture of deposits in Swiss banks only. What about other international banks?

Black money in Swiss banks -- Swiss Banking Association report, 2006 details bank deposits in the territory of Switzerland by nationals of following countries :

Top Five
1. India ---- $1,456 billion
2. Russia ---$ 470 billion
3. UK -------$390 billion
4. Ukraine - $100 billion
5. China -----$ 96 billion

Now do the maths - India with $1456 billion or $1.4 trillion has more money in Swiss banks than rest of the world combined.

Public loot since 1947: Can we bring back our money? It is one of the biggest loots witnessed by mankind -- the loot of the Aam Aadmi (common man) since 1947, by his
brethren occupying public office. It has been orchestrated by politicians, bureaucrats and some businessmen. The list is almost all-encompassing. No wonder, everyone in India loots with impunity and without any fear. What is even more depressing in that this ill-gotten wealth of ours has been stashed away abroad into secret bank accounts located in some of the world's best known tax havens. And to that extent the Indian economy has been stripped of its wealth.

Ordinary Indians may not be exactly aware of how such secret accounts operate and what are the rules and regulations that go on to govern such tax havens. However, one may well be aware of 'Swiss bank accounts,' the shorthand for murky dealings, secrecy and of course pilferage from developing countries into rich developed ones.

In fact, some finance experts and economists believe taxhavens to be a conspiracy of the western world against the poor countries. By allowing the proliferation of tax havens in the twentieth century, the western world explicitly encourages the movement of scarce capital from the developing countries to the rich.

In March 2005, the Tax Justice Network (TJN) published a research finding demonstrating that $11.5 trillion of personal wealth was held offshore by rich individuals across the globe. The findings estimated that a large proportion of this wealth was managed from some 70 tax havens. Further,aug menting these studies of TJN, Raymond Baker -- in his widely celebrated book titled 'Capitalism' s Achilles Heel : Dirty Money and How to Renew the Free Market System' -- estimates that at least $5 trillion have been shifted out of poorer countries to the West since the mid-1970.

It is further estimated by experts that 1 % of the world's population holds more than 57 % of total global wealth, routing it invariably through these tax havens. How much of this is from India is anybody's guess. What is to be noted here is that most of the wealth of Indians parked in these tax havens is illegitimate money acquired through corrupt means.

Naturally, the secrecy associated with the bank accounts in such places is central to the issue, not their low tax rates as the term 'tax havens' suggests. Remember Bofors and how India could not trace the ultimate beneficiary of those transactions because of the secrecy associated with these bank accounts?

IS THERE ANY ONE WHO CAN SAVE INDIA?

hoolahoous

02-29 01:50 AM

I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).

please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.

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