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  • gc28262
    06-29 09:07 AM
    My question is -
    what are these "1000s of folks" doing? Are they waiting for someone else to work for their cause?

    If they believe they were wronged, they need to take action. Without any action, nothing is going to happen.

    And, yes, these is discrimination on the both side of the lines. Have you looked at the hiring practices of leading desi outsourcing/consulting companies in the US?


    __________________
    Not a legal advice.

    Here is the contact info for registering a complaint.

    Office of Special Counsel for Immigration Related Unfair Employment Practices (http://www.usdoj.gov/crt/osc/htm/contactus.htm)

    Office of Special Counsel Contact List
    Through a language interpreter service, we are equipped to assist callers in all languages.
    Mailing Address:
    U.S. Department of Justice
    Civil Rights Division
    Office of Special Counsel for Immigration-Related
    Unfair Employment Practices
    950 Pennsylvania Avenue, N.W.
    Washington, D.C. 20530
    Main Number: (202) 616-5594
    Fax Number: (202) 616-5509
    Toll Free Information Number and Worker Hotline: 1-800-255-7688
    (202) 616-5525 or 1-800-237-2515 (TDD for hearing impaired)
    Employer Hotline: 1-800-255-8155
    1-800-237-2515 (TDD for hearing impaired)
    E-mail Address: osccrt@usdoj.gov. We will make every effort to respond to emails that relate to the work of this office within 30 days. However, for immediate assistance, please call our employer hotline (1-800-255-8155) or worker hotline (1-800-255-7688).
    Web Address: Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) -- Home Page (http://www.usdoj.gov/crt/osc)
    Special Counsel
    Vacant
    Deputy Special Counsel
    Katherine A. Baldwin
    Special Policy Counsel
    Margaret Hu
    Special Litigation Counsel
    Robin M. Stutman




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  • sam_hoosier
    12-17 10:09 AM
    That may be so but the number of those who choose to stay/would rather stay is overwhelming compared to those who don't ;)

    I agree. Most people are risk averse & the decision to go back is a tough one. However, more people are considering that option now than ever before. And the ones that I know have gone back are pretty happy with their decision.




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  • abq_gc
    08-18 01:04 PM
    can we file a lawsuit against USCIS for not following their own guidelines and "discriminating " against cases ?

    All cases should be treated equally... don't care whether they are low hanging fruit or not... every case should be represented equally before an IO...

    I dont understand why should hard to determine cases be penalized for USCIS's laziness throughout the year and then trying to speed up the process in the last two months...




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  • kuhelica2000
    01-30 02:37 PM
    You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.


    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.



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  • VivekAhuja
    09-15 02:15 PM
    You can do all you want and be as blunt. USCIS doesn't have to answer to you. Stop chanting the "HIGHLY SKILLED", paying all taxes, nonsense. You were not brought to the USA at gun point. You chose to come (and stay). The USA can just put one ad in the newspaper anywhere in the world and there will be 10 million highly skilled NEW people they can bring. They do not need you (us). It is important to remember that we are not doing anyone a favor by being here except yourselves.

    Again, because USCIS is so BIG and has millions of applications to process they can say they are trying their best and cannot reply to each individual.




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  • Green.Tech
    02-26 05:48 PM
    Green.Tech,

    Allow me to ask you this. Why do you waste your time like this? Don't you have anything better to do? This suri guy is a jerk fresh out of PMP some class, and he wants to see a "project plan". Let me send him a power point presentation and Microsoft Projects file about the "project plan" which he wants to see.

    Look, you can waste your time for as long as you want, but there will always be jerks who think that advocacy for EB issues is a "project", and at the end of budget and scheduled time, he wants to see the desired output. That' a narrow mind-set of PMP certification, which often do not apply in advocacy campaigns. It's ok, it took me time to understand this, but I had to do my own research to understand this. suri has to do his own research to learn more than his pmp class. You cannot explain it to this suri guy. So my advice to you is, please don't waste your time.

    Also, who knows if this suri guy is an agent of some tracker site, just playing his charm to dampen our spirits so that all we do is track our soft LUDs.

    .

    Sanju,

    I couldn't tell from the tone of your message if you were reprimanding me or offering me an advice in good faith. :) Anyway, the optimist in me believes that it was the latter. Thanks for the advice but I do not believe I am wasting my time by answering queries like these from members who think IV is out there to do them a favor at each step without them participating in the march towards the ultimate goal. It's all in one's perception, I guess. Even if I am successful in changing the mindset of one individual in a month, I will happily 'waste' my time on this forum :)

    Keep up the good work!

    Green.Tech



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  • vinabath
    04-25 11:42 AM
    Dude, I do not know who has given you red dot, you certainly deserve more green dots.


    LOL. You will shocked the abuses I got through red dots. Sometimes I feel this forum has bunch of angry or bitter people because of their experiences related to employment , immigration etc.




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  • waitforgc123
    09-05 09:54 PM
    Mine was received on July 3rd, R Williams 9:03 AM - Still waiting no receipt no cashing of check.

    I will share with you all as soon as I hear of some progress on this front.

    thanks

    PD - Apr 06
    EB2



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  • GCMATRIX
    08-11 09:52 PM
    I know this not right place to ask this question . Please can anybody tell me how add a new thread.

    Thanks in advance




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  • satishdasari
    09-05 10:22 AM
    FYI...
    My attorney sent documents to NSC on July 2nd 10.30 AM
    Transferred from NS --> TSC with receipt date Aug 29'th.

    My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.

    My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"

    Thanks



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  • jhaalaa
    03-28 01:32 PM
    Average worldwide processing time for employment based green card applications is 1.43 years (Priority Date to GC approval).

    In simple words, it takes 5.5 years to wrap up the 1 year GC demand for Indian applicants presuming there is no overflow from any other country GC visa quota.

    http://spreadsheets.google.com/pub?key=pezNTiCXNupwoSrZGE4kqcg

    Above conclusion is drawn after comparing the statistics for just the 2007 PERM data from DOL.
    http://www.shusterman.com/pdf/perm07.pdf

    I also assumed that there are 1000 Non-Perm cases for India alone, but changing it would not affect the results a lot.

    Just imagine the demand that would have been in years 2000~2002 and thats a project for another er!

    Unless we stand up unitedly, talk to the senators and raise our voice, we can plan on retiring on H1. It may be now or never!




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  • hebbar77
    05-08 03:11 PM
    When ever IV go and seek advise from Law firm or lobby firm they charge some money. No one is giving free advise in USA. We cannot run random campaign becasue people will not participate if no out come. We need to find out perfect time. Also we , and IV are common people who came from foriegn country and have no idea of whole US immigration system but law / lobby firm do.

    If you and other sincere member contribute and participate activelly we may achive something. May be just giving few USD will not help. But there were so many anti coming to site and harming our agenda. since we have donor forum few anti come there. So if you are serious do contribute and get donor status. Participate in state chapter and work with IV and all of us. That will make date current for all.

    So who is the leader who is responsible of DOING stuff with that money when I contribute



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  • h1b_forever
    02-01 08:03 AM
    I agree with your assessment. I was there myself this past dec/Jan and I am thinking along the same lines

    I dont see why we need to struggle here and the future looks so bleak. India is really booming and we have missed out on the best 5 years of that. If we dont move back in the next 2-3 years we would have missed out on the biggest boom period in India's history.

    There was a time when Infrastructure in India was the biggest concern, but things are changing rapidly. I was amazed at the changes in the last 2 years since I was last there.

    Good luck to you and hopefully I am able to make up my mind soon




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  • delhiguy
    07-04 08:08 PM
    No use in getting exploited, Its you life , resign and get another job.

    I worked with a MNC for 4 yr 10 months at US soil and they ruined my GC saying that they want me more at Offshore (India ).... I got intelligence about this planning about 3 months earlier from a real good friend of mine ... So i arranged a H1B Job with a Desi consulting company in this 3 months and when they asked me to go back To India - you know what finger i've shown them.

    Now this desi consulting company kept their words with salary,applied for LC quickly( because my H1 was close to 6 yrs) and i'm with them for 2.5 yrs . Now when i reached them for a employer letter for 485 they changed colors and asked me to sign a 10K bond for staying with them 1 year after GC ( which is an indeterminate period given retrogression)

    Which employer would you call better ?? :)



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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.




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  • wait4ever
    09-03 08:54 PM
    Did you receive teh physical cards by now?

    My Case:

    08/12/08 - Approval Notice Sent message (This is the only message I got)
    08/18/08 - Received the Approval notice by post

    No cards till now...:confused:

    I actually spoke to Customer service and I got 2 very different responses.

    1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

    2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

    I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

    Best is to check with the guys/gals at Infopass -meeting.

    All this was from the rep at the TSC - so not sure if this is applicable to all centers.

    AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

    I will post my Infoapss exp on the 9th of september.



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  • mpadapa
    10-09 10:33 AM
    This thread is very interesting. Ppl are coming up with various hypothesis to get their own GC fast. Come on folks, the GC system was good when it was devised in 1990. It is just that the system never kept up with the changing times. The inflows to the GC system kept changing (more H1's, L1's....) but the outflow (visa numbers) are still fixed, and hence there is too much overflow and choking in the system. Isn't it time for us to unite and stand as a single voice and work towards removing the bottleneck (visa numbers).
    It is easy to say on forum how USCIS should work, but in reality can it work. For example Just try to convince U'r colleague (sitting in u'r adjacent cubicle) or even U'r boss how to perform his/her work. Then see how the response is. If we (IV members) aren't aligning on basic issue and solution, how much credibility would we be having to go and ask USCIS how they should run their office.

    Come on folks, be realistic. We all know a legislative fix is the only way to solve the current front-log so why can't we organize at various levels (county, state, national) and work towards such a legislative fix. The key to that is to get active in U'r state chapters and do grass-root level work towards a legislative fix.

    If the system is streamlined the out of order processing worst case might be in weeks (can we not tolerate that) compared to yrs now...

    INSTEAD OF SAYING IV SHOULD DO THIS OR THIS etc.... WHY DOESN'T ANYONE SAY THAT I/WE WILL DO THIS SO THAT IV CAN ACCOMPLISH say TASK x




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  • calgirl
    07-28 06:48 PM
    Wishful thinking.. But I hope you are right!
    Although I doubt it.. We are just not hearing back due to the volume of applications.. Not coz they plan on giving us greencards.. But..Wish you are right..

    Gurus:

    Does anyone, who has PD getting current (under EB2- I/C) during Aug/Sept. got their EAD Renewed, and cards received. ?? If so, what's your EAD-Renewal Appln Date / RD and Cards Received Date.

    I suspect, USCIS is NOT issuing EAD Renewals, to probable Current PD holders, any more. :D hopefully. This is a good Sign, if true. Does anybody agree with me.. Let's Party out. :)

    This is becuase, my EAD Renewal Appln. RD is June 18th.. and till date I have NO LUD of whatsoever, and PD would be current during Aug.bullentin

    Is this something to cheer:)




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  • ksrk
    05-13 03:56 PM
    Please reply this, how to become member of donor group, so that we can come to know what is plan and strategy for future.

    Arunmohan, use the "Donate" link at the top of this page. It will take you to a page that helps you make a donation via PayPal.

    There is one that shows the progress bar and we should all make every effort to reach the month's goal ahead of time.




    stemcell
    02-01 01:05 PM
    [QUOTE=IfYouSeekAmy;2305591]:D
    2012??? - According to the Mayan calendar the 2012 will bring the doomsday !!!! :D[/QUOT


    Well at least we have some kind of deadline then :)




    desi3933
    07-10 07:49 AM
    Please post URL of this and others. Thanks!


    Sec. 245.1 Eligibility
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=cb694c827d9948014308614d0f546 dca

    Sec. 245.2 Application
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=b6eb96a99e4c335717a65793ed573 a56



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