desi3933
01-29 01:01 PM
desi - from your posts - you always seem to look at things from all sides and your perspectives and views tend to look like "perfect law in perfect world"
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
Not sure if you are a lawyer or you have a lot of insight into things, but in real world, even lawmaking is unique and vague. Courts and judges go by how best the case is presented and how and in what angle it can be viewed from and how similar things were dealt with in past.
Litigation experts also look at the psychological aspect of stuff. what I want to say is, the entire process of litigation is a huge animal and we can never judge or assess that.
One of my cousin sister is a criminal lawyer in India and when we get to hear the inside scoop of how stuff is handled in courts you will be surprised that your common knowledge about the law is just not good enough.
There are a lot of factors that go into the so caled legal world and mere book knowledge may not be sufficient.
Your views are good, but they definitely are "bookish" in nature.
I am not a lawyer, however I have been studying immigration laws for couple of years. I have gone thru manay AAO and BIA decisions to understand the laws and more important, their current interpretation.
One can learn a lot what arguments staffing companies have put in when their I-129 (H1-B) and I-140 petitions are denied.
My views may be *bookish*, but they are based on lot of experience behind them.
BTW, I work full time for Fortune-50 company (Finance area).
_______________________
US citizen of Indian origin
Not a legal advice.
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Powersa
07-17 09:33 PM
Thanks all. I read the petition and I think it is great work. Yes, we need to send messages like this as a group.
Allow me to quote from the petition:
"It is required by law to pay an H1-B a minimum of $40000. "
I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?
Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.
Thanks again.
Allow me to quote from the petition:
"It is required by law to pay an H1-B a minimum of $40000. "
I'm not challenging anything here, but can someone please point to the source of this? Is this Federal?
Again, I'm not challenging this. I just would appreciate some pointers so that I can learn more.
Thanks again.
sj2273
12-23 03:13 PM
done!
Happy New Year everyone!
Happy New Year everyone!
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micofrost
06-13 01:52 PM
I can understand your feelings.
As of now, the only solution is to support IV to push for getting wasted numbers back and removing per country quota.
-GCCovet
Guys!!!
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
As of now, the only solution is to support IV to push for getting wasted numbers back and removing per country quota.
-GCCovet
Guys!!!
Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.
Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.
more...
vsrinir
09-17 12:17 PM
amendment 6020 is failed
but it is not ours...stay tuned to ours...why heat up.
OURS WOULD BE AFTER LUNCH I GUESS
but it is not ours...stay tuned to ours...why heat up.
OURS WOULD BE AFTER LUNCH I GUESS
roseball
03-29 10:34 AM
@hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.
@fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.
@Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all
If a company is willing to hire you for an available position, they can still hire you and file a I-129 with consular processing option, just like your current H1. Once thats approved, you will have to appear for a VISA interview again in your home country (at the consulate mentioned on your application). Whether you will be given a VISA or not will depend on the documentary evidence submitted and your H1 history. Be prepared to answer questions regarding your current H1 saga which will definitely raise some flags on your current company at the Consular post as well but unfortunately could have negative impact on all current genuine employees at the company, if your current employer is found guilty. You can claim ignorance, but there is a chance that you could be banned as well for VISA fraud (paying for H1).
@fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.
@Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all
If a company is willing to hire you for an available position, they can still hire you and file a I-129 with consular processing option, just like your current H1. Once thats approved, you will have to appear for a VISA interview again in your home country (at the consulate mentioned on your application). Whether you will be given a VISA or not will depend on the documentary evidence submitted and your H1 history. Be prepared to answer questions regarding your current H1 saga which will definitely raise some flags on your current company at the Consular post as well but unfortunately could have negative impact on all current genuine employees at the company, if your current employer is found guilty. You can claim ignorance, but there is a chance that you could be banned as well for VISA fraud (paying for H1).
more...
Michael chertoff
11-26 01:08 PM
I filed on July 2, when my 6 months will be completed.. from what date we have start counting 6 months.
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485_spouse
04-07 02:15 PM
$100 via paypal
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yabadaba
07-19 06:19 AM
can we please just post our filling status here? lets not freak out by what some customer rep says. Wait for at least 2 more weeks before you call and ask them status ec.
every lawyer i know has said that if it was rejected u would have gotten it by now.. everyone else is under the impression that the apps were held... till they made a decision.
every lawyer i know has said that if it was rejected u would have gotten it by now.. everyone else is under the impression that the apps were held... till they made a decision.
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needhelp!
03-13 11:43 AM
This will help people like me who are unable to be part of any state chapter to know what is happening at IV. Keep our sprits high.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
Thank you
You can join one of the existing state chapters for now.
For those who are not able to put their faith in the efforts of the IV Core, too bad you didn't volunteer and participate in lobby day last September.
If you had been there, you would not suspect the motives or say things like they are taking credit for good news etc.. It is very disappointing to hear that.
I think it is reasonable that we won't be getting day-to-day updates and details on the background efforts. From my side, I have enough trust in the organization that when IV asks for the participation of the community, I will support it whole-heartedly.
more...
pointlesswait
06-11 09:29 AM
Dude, sorry to hear abt that!
a friend of mine was involved in a rolling bumper car accident ... the lady comes back year and a half later and files a case aganist him..his insurance lawyers fought the case for him.... they won..
The question is..how fast was the car on impact...check with your iinsurance lawyers they may be able to assist you...
dont even think of running away..they issue arrest warrants for traffic ticket violations sometimes...so urs is a little serious..;)
-take it easy..
a friend of mine was involved in a rolling bumper car accident ... the lady comes back year and a half later and files a case aganist him..his insurance lawyers fought the case for him.... they won..
The question is..how fast was the car on impact...check with your iinsurance lawyers they may be able to assist you...
dont even think of running away..they issue arrest warrants for traffic ticket violations sometimes...so urs is a little serious..;)
-take it easy..
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pcs
04-22 07:40 PM
Your involvement is more important... you can generate a lot of contribution by spreading the good word & encouraging people to contribute..
I have not contributed much as comapred to top guys but I have generated atleast $600 through my efforts to rope in new guys & requested them to put in some money. Some did but some did not
I have not contributed much as comapred to top guys but I have generated atleast $600 through my efforts to rope in new guys & requested them to put in some money. Some did but some did not
more...
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ilikekilo
04-02 11:43 PM
your profile says that your application is pending with NSC? I was asking about TSC. Please clarify. Anyone else??
My bad , mine is from NSC...I just chose your post to quote..sorry for hte mix up..
My bad , mine is from NSC...I just chose your post to quote..sorry for hte mix up..
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atiq4
09-17 11:31 AM
I was checking the c-span.org and couldn't find this.
They are discussing other things on c-span.org live.
They are discussing other things on c-span.org live.
more...
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rajuram
02-13 11:59 PM
After some success in the Senate last year, many of us had become very hopeful and we had high expectations. But things have not gone so well in the past few months.
I think it time to lower the our expectations. We should hope for the best and prepare for the worst. If we keep on working some day success will be ours. Long live IV.
I think it time to lower the our expectations. We should hope for the best and prepare for the worst. If we keep on working some day success will be ours. Long live IV.
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javadeveloper
11-25 12:07 AM
i am working on H1B and my wife is on H4, she was not included in 485 yet so she is not having EAD, can i change status from H1B to EAD, please advice.
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
Let's assume you used EAD and lost H1B status.What will happen to your wife's status?She may loose H4 status because you are no longer in H1B status.I guess it may be better for you to stick with H1B.I may be wrong , take professional help
more...
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vikram2101
08-22 01:44 PM
Here's an anecdote -
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
This was back in the late 80s, when I was growing up - in Bangalore.
India had just lost the Finals of a well fought [field] hockey match to Pakistan. We were all very disappointed by the loss, but it saddened me further to see a victory procession with waving Pakistani flags in the Muslim parts of the City.
Ofcourse, India is a secular country and more so the United States.. and you can cheer whoever you please..
But, If you chose to become a US Citizen, and US were in a battle with your country of Origin (let's narrow it down to Sports, to keep it less complicated), which country would you side? If I chose to side with my country of origin, it would make me a hypocrite, wouldn't it ?
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prashantc
01-29 10:46 AM
Was this the first time you are coming to USA?
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
or you went for a visit ? If yes what was ur original status in US..F1 or H1.
I am going for chennai H1B visa on Feb 6....F1 to OPT to H1B...Scared to helll...
Well no this wasnt my first visit to US. I have been on a valid H1B status for past 5 years or so.
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amits
03-11 01:06 PM
I agree that we should focus on FOIA effort to get the complete data.
If we get stats in bits and pieces then we may end up with more questions than answers.
If we get stats in bits and pieces then we may end up with more questions than answers.
a_paul1
04-02 08:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
Hence, it is valid for the candidate to come to US by presenting documentation.
1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.
2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.
3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.
IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.
vikki76
10-30 06:44 PM
It wouldn't hurt to verify which 140 is getting picked up. I got paranoid because when I contacted USCIS through service request, POJ and ncsc follow up email in September, I came to know that my application is awaiting visa number when clearly dates for my PD were current since Sept 01. Then I tried calling USCIS repeatedly until I got confirmation that both 140 were indeed in place.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.
After I initiated these requests, my app moved from "awaiting visa number" to " assigned to supervisor" after October 1st. In fact, on Oct 6th,there was LUD on 485 and on Oct 28th, a Hard LUD on my approved 140.
InfoPass won't help much. Usually they just brush people off saying that wait till your PD is current but IO's on phone give more information.