Wednesday, July 20, 2011


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  • Legal
    07-04 08:38 PM
    only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.

    I meant without country cap....

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  • pcs
    11-10 09:18 PM
    Pappu, Aman et all...

    Let push it... this is too uch for too long !!!!

    Let us have a call on this. This is high time, we do something to mobilize guys for some common cause.

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  • nlssubbu
    09-24 01:55 PM
    check with your attorney if a birth certificate issued by the consulate is ok

    They provide it based on the passport - and then you may attach an affidavit

    I do not think that USCIS accept the birth certificate provided by Consulate. You may either get an affidavit or can get a copy of the certificate truly attested from your birth place based on your birth records. If you do not have a birth certificate, you may also need a NC (No Certificate) from your local authority as a proof along with the affidavit.

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  • logiclife
    01-31 02:15 PM
    [QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.

    I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.

    Out of status is anyway no better than illegal.

    Look. Here's the deal.

    Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.

    The problem arises at the time of H1 transfer. And here is the classic situation:

    You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.

    So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.


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  • svr_76
    06-10 02:04 PM
    exactly..and our best approach would be to also reach other lobbying/groups that represents the employers impact by this to determine a directed/specific approach.

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  • a_yaja
    01-31 02:24 PM
    I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

    You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.

    Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.


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  • kvrr
    01-16 05:42 AM
    Signed up for $100/month recurring payment. Thanks for setting this up.

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  • Macaca
    07-17 09:24 AM
    I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?


    I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.

    Please send email to reporter Robert Pear ( The email should include URL to authentic URL that requires H1B's to pay ALL taxes.

    The article: Little-Known Group Claims a Win on Immigration ( By ROBERT PEAR ( New York Times, July 15, 2007


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  • Macaca
    09-11 01:38 PM
    It's good to have money and the
    things money can buy,
    but it's good, too,
    to check up
    once in a while and
    make sure that
    you haven't lost
    the things money can't buy
    George Horace Lorimer

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  • catchupvijay
    06-11 02:01 PM


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  • msgrewal81
    02-19 08:17 AM
    What do you wish? You need gc the moment you enter the country? If anyone who stays 5 years get green card.That is excellent if legal or illegal immigrant. This is apart from 140K regular quota. This will reduce backlog substantially.

    Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.

    Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.

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  • chanduv23
    07-13 07:18 AM
    That is America my friends - people tend to move towards the direction of the wind.

    A typical example - my wife was stressing out to get into a residency and was seeking help from contacts - everyone told "it is not easy for immigrants" it is a challenge, it is difficult." When she got into residency, the same people say that America is a land of opportunities, and your wife is intelligent ......

    Thats how this Sheela Murthy is. Cannot initiate anything, but will want to take credit for participating in success.

    A lot of Attorneys currently have no clue what is going on in the background.


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  • ilikekilo
    01-18 07:54 PM
    traffiic cop....i am not sure about always have the right to remain silent ans ask whether u r free to go...period...

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  • chanduv23
    04-04 09:11 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.

    Actually it is difficult to ascertain to a level to determine if the h1b is filed by a body shop because right from Accenture, PWC to the smaller Cayotes all are offshoring and outsourcing, every company has its own product and inhouse development.

    Most of American companies want a pool of talent available at time of need to choose from and these companies always maintain the supply at a premium.

    A lot of people come through bodyshops and later move on to permanant jobs.

    Something the differentiates research jobs, non IT jobs etc... and protect their interests and have some quota for tthem will be beneficial.


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  • Dhundhun
    07-12 08:02 PM
    I feel this move is to benefit EB-2 China, Since the EB1 and EB2 overflow are evenly distributed across china and india, ...

    As I understand overflow is not supposed to be evenly distributed. It is supposed to be distributed based on PD. So overflow make PD of all the countries taking benefit of overflow same.

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  • GCNaseeb
    03-07 09:45 AM
    I got hell out of my sponsoring employer. While I worked for them over 5 years, I had a terrible experience with their HR and some other souls. So I decided to make use of AC21 and changed the job. I feel so much relaxed now and I see light at the end of tunnel. My Green card is around the corner. USCIS has no reason to deny my petition. Afterall, we have just one life to live; how long you can let your career stegnate just for the sake of a piece of paper. Does that makes sense at all?


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  • drirshad
    07-04 09:35 PM

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.

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  • sc3
    10-16 06:05 PM
    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people’s answers.

    I havent twisted anyone's answers. When you (and others) say "reacted" you mean that they are intentionally shafting you in some way. Do you dispute that? Why is the very first response to this idea something to the tune of "..and see the cutoff go back to ice ages". It clearly shows that people are saying USCIS will "revolt" against you (not necessarily in as many words).

    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn’t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.

    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?

    Let's see here; I don't need to know why you did not apply earlier, that is your personal matter. But answer me this.

    I have a PD of late 2002 (EB3), and haven't been able to apply due to personal reasons. Now when the PD becomes current. I apply and the following bulletin further advances the PD. Do you think that I should be given preference over someone who had no personal obligations and applied in 2007, that is to say, should the entire system be ground to a halt because I am a late filer?

    Now put yourself in the earlier RD's applicant? What will be your answer? Do you think someone who delays for personal reason be given a free pass just because he has an earlier PD??

    I know you dont want to hear it, but the current system of RD based processing is a good system. Your grouse probably is that they advanced the PDs so much further when there was enough demand from earlier PDs. If you argue on that premise, I will be very supportive. But I am insensitive to "I have an earlier PD, so I should get my GC first".

    PD has its place in the system, however it does not play a role in processing order.

    Just because I said USCIS is doing something wrong (not following processing order..) doesn’t mean I said that DOS did something right.. you keep assuming things..

    You were blaming USCIS for the Perm/BEC debacle, I did not assume anything you haven't already said.

    Again you are running your imagination wild, who blamed all the other things on USCIS?..

    I guess your computer has a bug, it is not showing the winkies and the smiles properly. Get a technician to look at it.

    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching….

    I was responding to "bec", and you ended up debating the issue by supporting the idea that USCIS retaliated because of the July 07. I guess that makes it fair play for people to assume that you are against the original idea. I you consider it to be overreaching to make such connection, I apologize for that.

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  • Green_Always
    08-08 09:39 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.

    06-10 11:24 PM
    We received the 485 approval notices sent emails today

    11-20 09:20 AM
    Probably, at this moment it might still be true but the reality is that it is soon going to be demoted from this there is nothing like missing the opportunity....!!!!

    VERY TRUE...

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