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Friday, June 24, 2011

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  • neoarch
    12-23 10:24 AM
    Hi all,

    I reached US on H4 visa with my husband 6 months ago. I have been working in an IT firm back in India. Now my husband's contract got extended and it seems like we will be here for some years. I don't want to waste my career by simply sitting at home. I have searched through many job sites and I got many calls from desi consultants. Many of them are asking me to change the resume as I have only 2 yrs of experience. By reading thorugh all the forums and articles I am aware of the traps of desi consultants.

    I do not want to show any fake experience. All these consulting firms are saying that I won't get any job here without changing my resume.. :(

    I just want to know your humble opinion about the options I can try. Is it impossible to get through with 2 yrs of experience? Please share your thoughts on it. I feel very sad thinking about my career. :(





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  • chanduv23
    07-29 02:03 PM
    In that case, employers should mention the following in the offer letter

    " In case, in future, if economy goes bad and recession occurs,we cannot sponsor your green card since it is easy to find american citizens who has minimum qualification."

    This should be mentioned on the offer letters given by big comapnies.Then it is up to H1B candidate whenter to take the offer(risk) or not.
    Can these companies do this????

    Let me tell you my story

    I worked for a mid sized consulting company (not to be mistaken for desi contracting) and GC was filed in March 2004 (it was EB3 labor). I was in my 6th year of h1b in 2005 when this company got bought over and unfortunately I lost job in the 6th year of h1b with only 11 months of h1b left. At that time I was newly married and with no bank balance. Then I looked for a new job, managed to get a nice long term contract job in a month and got h1 transferred to a decent consulting company who applied for my 6th and 7th year of h1b using the labor already filed in the company I was layed off. When in my 6th year my new PERM got approved with this employer and 140 also approved and based on that I got 8th, 9th, 10th year h1b extensions. I managed to file for 485 in July fiasco and then after an year, I left the employer and started using EAD. That employer revoked my i 140 because I left them and then I had to deal with all the AC21 stuff and my journey still continues. Things were not easy, I had to maintain excellent billing rate, in one ocassion the client filed for chapter 11 and did not make payments to my employer and this strained my employer's finances and I had to make it up with a better billing rate with next client to keep my GC process intact and being consinuously employed on high billing contract jobs is also challenging.

    The diference between your situation and mine is - you are left with a choice and a decision to make, whereas me, I felt like was taken to a top of cliff and thrown from there.





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  • h1techSlave
    07-28 03:04 PM
    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?





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  • nixstor
    07-05 01:02 PM
    And there is nothing wrong with that, right, because in the end you do not know what the financial situation of people on here is. One guy suggested a monthly contribution of 20 bucks, I laughed myself off the chair when I saw that. You're right, this is about "how not to pay" and why shouldn't it be. I don't make a lot, the lawyer's sucking me dry (in more ways than one if it were up to him), I've been waiting for this for ever, I have a family to support, etc.


    Well, in the end you all do what you want, don't worry, be happy :D

    Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?



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  • sanju
    02-13 03:23 PM
    Why do you want to delete this thread? This is true. The witch hunt has started. Why be scared to say the truth?


    .


    FYI .. This post is what I received in e-mail few days back.

    I would like to bring to the notice of your readers, editorial committee and leaders of
    the Indian community of a systematic way that (legally) the US Government is practicing
    legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.

    While it is agreeable that the current economic downturn is the worst one has seen.
    It is time to band together with what resources we have and make it thru this perfect
    storm. However, the machinations of a few politicians and the further connivance of the
    USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
    foreign professionals'.

    Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
    such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
    Yogi Chugh etc should do something about this with their contacts at the highest levels.

    How is this happening and why is it ethnic cleansing?

    Since 1990's every year several thousands of Indian professionals come to the US. Because of
    delay in processing of their Green Cards a vast majority of them are on H-1B.

    With the current downturn, Sen. Grassley et all have raised such a stink that companies are
    forced to lay off H-1b holders first before they lay off any other US employees. While the US
    employers may not always do this. They are being shamed into revealing how they laid off
    US Citizens before laying off others. Net Net....Indian professionals are being laid off from
    large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).

    Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
    do not find another job. Now, many are forced to leave the US as they cannot sustain living
    in the US. However, some enterprising few are finding lower paying jobs or are finding so called
    'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
    economy improves and they can find suitable jobs. Here is when the systematic targetting and
    ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
    question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.

    These RFEs are raised in such a way that it is impossible to answer them. They are thus
    not only targetting the H-1b candidates, they are systematically undermining the people
    (companies) who want to help out H-1b candidates out of their predicament of being stranded.

    Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
    Green Card. You are close to getting the green card but because of backlog you only get
    what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
    Then your employer fires you....

    There are two paths here.....Technically, with a EAD card you can get employment anywhere
    with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
    that a person with EAD should have another job with the exact same profile and same salary.
    In this market who is going to give you a job with this exact profile as your old job. The only
    way for a person to stay on 'legally' is to file a backup H-1b.

    Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
    software professional.

    Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
    provided by the 'body shopping company' and issue a denial of H-1b extension.

    The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
    person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
    ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
    US. The same professionals who came to US to contribute to its success will now be kicked
    out of US against their wish. The companies who are willing to help them will also be harassed
    in the bargain, some of those companies will be investigated for non-payment of wages, some
    of them will be subjected to USCIS audits for trying to help these helpless people whose lives
    are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
    These are very tough times and there is no reason to pick on the helpless, unrepresented people.

    This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
    in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
    This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
    of making it the American dream and participating/contributing to its success.

    What should the USCIS do?

    Given the tough times...They should allow people to stay on in the US as long as another
    employer is willing to keep them in status. They should not question the H-1b applications as
    everyone knows that USCIS can find issues with every single H-1b extension filed right now
    with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
    tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
    H-1b applications rejected by the USCIS with the silliest of excuse.

    What is in it for the USCIS not to do this ethnic cleansing?

    Long term vision for America not just right now. This year the US Embassies in India issued over
    98,000 visas to students from India. These are students who are paying their way thru education
    in the US (a country with the most expensive but best education). If it turns out that US specifically
    targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
    to the US within the next 2 or 3 years.

    Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
    this downturn. The economy will surely improve in the next few quarters. There will then be new
    sectors of the economy that will boom that will need professionals. There will be enough work by then
    for these H-1b professionals as well as US residents.

    Confident and free people contribute positively:
    If the word spreads that even in bad times this society did not turn on them then the US people
    will be appreciated. But, if the message is, when you are down they will kick you where it
    hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
    and Asian origin who would end up buying a house if they knew for sure that they could continue
    to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
    not splurge. Just this measure of confidence will ensure that they will spend money in the US
    economy. Just their contributions will ensure that there is a bump in the housing sector.

    Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
    is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
    getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
    driven out of the country which they have loyally served for varying periods of time.....

    God Bless America....God Save America from 'some' of its own people.

    Thanks.





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  • reddymjm
    09-10 06:12 AM
    IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
    ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
    Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.

    THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.

    Good luck guys.



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  • rayoflight
    06-15 10:02 AM
    I meant can we get a list of all the states the emails have been sent by all the members.

    The mail will only be sent to your US Senators from your state.





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  • GCKaMaara
    03-12 10:59 AM
    It doesn't make sense on either side:

    1. IV is not going to change its policy of hiding information. If you are comfortable with the approach then contribute otherwise don't.

    2. Shouting and bashing here on website will gain nothing.

    Do something creative. I think the basic problem is not hiding information. Basic problem is that as a non-profit organization, we don't have elections. We as a group have no rights to choose who is core. But thats how it is.



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  • Jaime
    09-10 09:13 PM
    I wish these bills the best! Also, once we have a new president we will have another shot at solving our immigration woes! Let's go for it guys!





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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.



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  • ghost
    08-12 07:30 AM
    I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation

    But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.

    Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile


    Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!





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  • Jaime
    09-10 02:02 PM
    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


    Nice! Too bad we're not allowed to move!



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  • kaisersose
    02-20 05:31 PM
    I had done some calculations long ago, it guestimated that 5~6% of people are registered with traciitt.

    One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .

    That would be 6.67% Which is close to the results of your calculations.





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  • prioritydate
    12-20 08:12 PM
    On a second thought, If I interpret it correctly...

    the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days�
    (A) failed to maintain, continuously, a lawful status;
    (B) engaged in unauthorized employment; or
    (C) otherwise violated the terms and conditions of the alien�s admission.


    I exceeded 180 days and was out of status, but the law says that you shouldn't exceed 180 days :eek:



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  • msadiqali
    10-23 12:36 PM
    Obama clearly explained that he wanted to end abuses of the H1-B visas that is used by highly qualified specialists to work in US. He added that he would make "immigrant workers less dependent on their employers for their right to stay in the country, and would hold accountable employers who abuse the system and their workers".





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  • gcnirvana
    08-03 02:55 PM
    abhijitp,
    Thanks for the update and good to know that we will get an RFE and not a rejection for our EVL.
    But on (2), what if we already have an A# from our approved I-140? Is there any other way to know that our application has been accepted??

    According to the person I spoke to:
    1. I will be issued an RFE if my AOS packet did not contain the EVL
    2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.



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  • reddymjm
    10-15 01:58 PM
    I will mail it today or tomorrow.





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  • paskal
    12-27 02:40 PM
    if i'm travelling TO India and transiting through paris/london
    and I have an Indian passport, WHY should I need to show a US Visa to avoid a transit visa? Does this make any sense? I'm not going to the US?????





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  • anilsal
    12-12 03:40 PM
    Here is an article that has some info on the non-ability to file 485.
    http://www.visapro.com/Immigration-Articles/?a=327&z=63

    But still, what rule says that until visa numbers are available, one cannot file 485. Most probably, we never realized this pattern because until retrogression hit, the visa numbers were always available.





    ItIsNotFunny
    03-17 11:19 AM
    Category: EB3 India
    PD: Sep 2002
    Filed 485 on 07/27/2007

    If your PD is Sep 2002, why did you file in July instead of filing in Jun?





    Sachin_Stock
    09-09 02:05 PM
    The only hope, on a personal front, is to port to Eb2 or Eb1. It all depends on your company though. However, those who don't have any issues with their employer, and is contributing a lot, then go for porting. Thats the only hope.



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