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  • Mayday
    03-30 07:49 PM
    I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.

    The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:

    Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.

    If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.

    If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).

    If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.

    Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.

    So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.





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  • rubiela
    11-07 10:45 AM
    I have been a victim since october 2004 I am still pending ... as NOvember 05 2007





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  • Junky
    11-04 08:13 AM
    Done





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  • DesiGuy
    09-17 11:34 AM
    steve king earlier said he was OK with ammendent.

    seems Lofgren's stroger and is proposing hte ammendment for 6020.

    hoping she gets upper hand in 5882 as well :)



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  • iptel
    04-26 09:49 PM
    Contributed $200 so far contribured $650. Urge other member to make $150K happen





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  • StukAtBEC
    01-31 10:06 AM
    14 and 23...



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  • prashanthg
    08-19 03:33 PM
    1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?

    2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)

    Thoughts??

    1. I don't see any chances of getting any spill overs in the next two years.

    2. There are only 3000 visas available for EB3-I in any given year (7% of EB3 quota). EB3-I will get few more if and when EB3-ROW gets current.





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  • guyfromsg
    12-11 09:33 PM
    I went for the visa stamping in chennai consulate on Dec 5th. After a few questions, the officer granted me the visa and said i will receive the passport in a few days. But so far haven't yet received my passport. Does anyone know what is happening? is anyone faced such situation before? I heard about this admin processing and delays in stamping but i thot the officer would usually give out some kind of form to you during the interview if your case goes thru such processing.

    The web-site says we can send an e-mail to the consulate regarding any questions for NIV if it's pending more than 5 days. Has anybody done that and what would be the response?

    Please respond. i am running short of time as i have to travel back to US soon.

    I went for stamping Nov 2006 and mine was also stuck for a week. I don't remember what the rules are now but I just called consulate and talked to some officer (Indian but not VFS). She simply said that they are waiting for security clearance from Washington DC and they won't know when it will clear. I was expecting the worst, may be few months delay but it came after a week. I kept calling during this time. But during that week I was very worried and as a result didn't enjoy the limited vacation :(.



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  • glus
    12-07 09:27 AM
    I sent my story as well.





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  • oliTwist
    01-15 01:32 PM
    Folks,

    There are many discussions on immigration (some in favor and some totally misrepresenting the legal immigration).Mind you many of the ordinary citizens are voting on these posts, which indicate the popularity. Obviously this is one way of increasing the popularity of posts highlighting our case (ala Digg)

    Only a few of the immigration posts are addressing our pain points. One eg is something like: Please help the Immigration System

    Please vote for them and champion the advantages for all by commenting and voting.

    I believe at the moment this is achievable by all. Please act!



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  • walking_dude
    11-19 12:09 PM
    Macaca,

    Thanks for the suggested "Addendum". A para on it, included in the letter (edited)

    Thanks





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  • reddog
    03-11 11:38 AM
    I am totally against the idea of banning/booting anyone who is in the same boat as us.
    keep adding buzzwords, so that posts can get filtered out instead of banning members.

    this is the internet and no one is trying to get personal, and revealing your alter ego is a part and parcel of online forums, especially when you are known only by your handle.



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  • chicago60607
    09-17 12:51 PM
    FInally on recording the vote it actually failed. May be the chair wanted the amendment to pass.

    Man, I gave you a green just for the Megatron reference!

    By the way, wasn't it Starscream who says "The ayes have it" before dumping them out in space :)





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  • kumar1
    11-10 11:21 AM
    This is how I used my EAD. I filed 485/EAD/AP in July 2007. I did not do anything till Feb-2008. I made a call to my employer in Feb-2008 (6 months after I-485) and asked him to give me a raise. He was aware of the fact that I can use AC-21 and leave anytime. We renegotiated everything, this time heavily in my favor (for a change). I got 20% salary hike effective from that very day. I kept same employer, same job, same client but used EAD and AC-21 to put pressure on my employer. Needless to say, in the past, I have been on the receiving side of the pressure from employers because of H1-B too.

    My suggestion - You can not play safe your whole life.



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  • Macaca
    02-15 01:54 PM
    As soon as some one expresses his frustration, person is automatically labeled as a bad guy.

    A short digression to an answer.

    Most CS undergraduate curriculums have a 4 course sequence CS-1, CS-2, CS-3 and CS-4. This means that CS-3 is pre-requisite for CS-4, .... In CS-4 it is not possible to answer CS-1 questions. The instructor gets irritated if you do that.

    Your following concerns are covered in Retrogression 101.
    1. Things change in DC. Core had some info in Dec/Jan that changed.

    2. No one can promise anything. Bush is the most ardent supporter of CIR but can (will) not get it done.

    Nothing happening as some core members wrote in very optimistic tone about Feb 15. No congressman is even talking about it lately.

    Are core members trying to just enroll more by giving hollow promises?

    It is very irritating for someone in Retrogression 401 to answer Retrogression 101 questions at the rate of 1 per day with no desire to be educated.

    I have tried to answer a Retrogression 101 question in Issues surrounding Immigration Voice's disclosure of Funds (http://immigrationvoice.org/forum/showthread.php?t=3236&page=5). My answer was from a URL without my opinions. This thread was devoted to this one person. The answers had no effect on the person. We wasted a day on it.

    Forget contributions - find other ways to survive......

    A lot of people, including me have lost faith in IV. They are not going to pay. We don't know what IV is working on and we don't believe it can do anything. The sooner IV accepts it, the better. I have seen this personally in talking to people and you can see the evidence with less than 300 people contributing. IV needs to produce results first.





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  • priderock
    05-24 02:20 PM
    Does this amendment strictly apply to new H1B filings or will it also impact people with H1B and an approved I-140 but need to extend it due to retrogression?

    Regarding the exodus, maybe that is their purpose. Maybe, they have enough
    hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.

    They get their way to kick H1 people out. I was wondering what their plans be for kicking GC holders and some who got citizenship out. Bring KKK back ??





    The way things are, this does not look like the glorious country I dreamed of.
    Last year facing long period of uncertainity I and my wife had made a decision to go back to India after meeting breaking even on our house.

    I think most of us wanted to be in US in the first place because we thought that legal systems work here and justice is upheld. If we have to fight with the system anyway, why do it in a foreign land? Better to go home and make that place better .. probably good enough for them to envy.

    As of now this country seems to be exactly opposite of what they claim to be.

    Justice - not served to us
    Freedom & liberty - not if you are on H1
    Free economy & globalization - Only if it benefits us
    Compassion & Humanitarianism - Only if you are American citizens. We don't care if farmers are comitting suicides in India or starving in Mexico due to our policies & subsidies.

    The way I see it American dream is going to turn into American nightmare for many of us.

    I think every one is waiting for their proverbial last straw. Is it the one ?? A million dollar question.



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  • raysaikat
    07-14 10:31 AM
    But aren't there sufficient applications received in July-Aug 2007 to use up all the numbers ?!? That's the loophole in your analysis. As per official reports, I believe close to 300k applications were received in those two months for AOS, true ?!?


    None of these I-485's can be processed unless their PD is current (i.e., before the cut-off date).





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  • rockstart
    07-02 12:21 PM
    I completely agree with you. The best thing the forum can do for such people is to educate them and the best way to do that is with case studies of what situation were people in and how they fought back. It easy to tell people to take the plunge, any one will hesitate to jump into darkness.

    I think we should also hear from people who have taken action and what their experience was. This may give ideas to others.





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  • cpolisetti
    04-07 05:57 PM
    Will contribute more soon. What we contributing is nothing when compare to what you IV guys are doing and aiming for. Thanks from bottom of our heart for your efforts.

    Will encourage my friends to do the same.


    Note to IV Members: See if you can update donation amounts everyday, this might motivate few to donate more.





    pdakwala
    04-12 04:41 PM
    Thank you very much anandrajesh, nk2006, ramraj_02, nviren, and neel_gump. Keep up the good work. It is good that more and more people and coming forward and making their first, second, third and fouth contribution.

    One would make contribution only if they have confidence in IV. Today IV have more than 2000 members. Let's join hand and make Immigration Voice stronger by contributing $100 or more one more time.

    We have al ready seen that Immigration Voice have shown their ability what they can do with all your help. We have not yet achieve the goals but we are not too far from that. One has to understand that Immigration Voice is an organization owned by you and me and so please contibute so that Immigration Voice can work and solve the retrogression problem.





    seahawks
    11-19 04:47 PM
    just found out, mine is pending too.. geez..



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