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  • mirage
    10-07 07:43 PM
    Did you guys paid attention to this, when Inflation rose to 13% Indian Finance Minister said it is because Oil is at $160 a barrel, but now as Oil has come down, Inflation has come down worldwide Inflation is still above 12% in India. also, when Stock markets were at 22K Indian FM minister used to give Interviews every day it is because of great policies of UPA govt. Now Sensex has slashed 40%, Finance Mn. has suddenly dissapeared. Did you guys also heard him saying 'Indian economy is insulated from ongoing US crisis'. I doubt if there is a bigger liar in Indian govt. than the finance minister he's beaten Laloo, amar singh types...





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  • answers_seeker
    07-18 01:50 PM
    Thanks...but isn't the post mark date is when you send the mail ?

    Right.But in your case, the guy who recieved your packet..might have mistakenly stamped the postmark date as the RD date . If so that is definitely their mistake. Wait a week or so to see what happens and if you dont' hear anything, take an infopass appointment to sort it out.





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  • Maverick1
    11-14 12:02 PM
    ........................
    I don't give a damn who he is, or how strong he is. All I care is me and my family might get mugged by the poison he's spewing, and how to stop him in his tracks. That's enough of a motivation to do my best to stop him.



    That's why I say it - You are the victim. You should care.


    Did I make myself clear!

    So you made the problem statement which every one around here knows. What are your action items for poor souls like me who do not know how to take on, a person with successful TV show , using a placard and a megaphone ? What would be your solution ?





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  • FinalGC
    05-20 02:13 PM
    Recently, one of my friend's dad came to Texas and got sick and the bill came to $60K. Unfortunatley, he did not buy travelers insurance and is fighting an uphill battle with the hospital.

    My parents are coming next month, so I did a detailed research on all the insurance firms, both in India and in USA and I found that most of the ICICI or Tata-AIG plans have limited coverage, which limits the number of days in an ICU or visits by doctors etc.. Even if the plan has a $100K max, the plan may only cover upto $1000 per day for 30 days or so and then there is limitation for ICU and other surgeries. However, if you take a comprehensive coverage, then whatever the expenses, or wherever the charges are incurred, it does not matter. The total amount upto $100K will be covered and it does not limit ICU charges or room charges or doctor visits etc.

    The only reason we need an insurance for parents is to cover emergencies, rather than regular doctor visits. Generally, any emergency run 60-70K, so I would recommend a minimum of $100K and do a comprehensive coverage. I have worked with IMG or check this guy at http://www.visitorshealthinsurance.com/
    I even called IMG to ensure that this guy is an authorized re-seller/broker for the insurance.

    Additionally, I did not find any insurance that covers pre-existing conditions. So just pray that they are healthy during their stay in US.

    Yes, it is little expensive, but better peace of mind with comprehensive. If you do a local US insurance, then it is easy to get the insurance paper work done, when needed, rather than doing an Indian based insurance, which may need additional paper work and money transfer may get delayed.



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  • dpp
    06-13 10:31 AM
    Nice post, containing real facts.

    You are purely thinking about your perspective and neglecting the purpose of GC for the country.
    To qualify in EB1/Eb2/EB3 depends on some factors:

    EB1: Extra ordinary candidate, may or may not be represented by employer
    EB2: Senior Level: Job duties have to justify need for advance degree candidate (or BS + 5yrs exp) and then candidate must qualify too
    EB3: 16 years of education (ideally) with degree in related field (lets talk IT for now)

    Now current status and its cause:

    EB1: - No jumping, no gaming system : Hence NO DELAYS

    EB2: - Good chunk with genuine apps, some gaming system where applicant qualify but not the job, some gaming system and taking very high risk by showing BS +5 yrs (they actually don't have +5 factor), other jumping the category (legally :D) but taking very high risk for RFE

    Result: Got retrogressed

    EB3: Good chunk with genuine apps, some unfortunate ppl who do qualify but job doesn't support experience or higher pay, lot of gaming system with BS (3yr) in non Computer/IT and showing 1yr certifications etc, and everybody who does not qualify for EB1/EB2, lot of nurses (I heard someone said nurses in back)
    Result: Severely retrogressed with no hopes in horizon

    Now lets look at market demand ( we know supply of apps is pretty darn good)
    EB 1: Very very high : general pay range starts from $250k+ and goes up to $400k for fresher (PHDs) and in upper $150k for Int'l Managers

    EB 2:: High, general pay starts high $80k and goes somewhere $140k+,

    EB 3:: good, starts from upper $40k and goes somewhere $65-70k, (lots of job and lots of applicant)

    Now lets take a look at Supply of Apps (Assumption 1M apps already in system):
    EB1: say 50K (5%) - (fast processing - Express lane)
    EB2: may be 200K (20%) - (sounds good on paper but in realty slow but moving)
    EB3: everything else (75%) (OMG :eek: stampede : frustration with no visible progress)

    Now lets checkout preference:
    Preference from perspective of country, what benefits country the most:

    EB1: ohh : lets get them in ASAP
    EB2: yes yes we welcome you please come in (after some long wait)
    EB3: OMG its flood of ppl, use extra strong flood gate and keep them out as long as possible, and let them in with very low rate


    Now This:
    Like everything in the world, the fewer the qty the hotter the product,
    the abundance kills the market, applies perfectly with EB2, in 2000-2001 it used to take 12-24 months and you have GC in hand, and now .. may be by my kids turns 16yrs, and EB3: 2000-2001 use to take about 3 yrs and but right then we started getting flood, and thanks to 200K H1bs in 2001-2.

    End of the day EB1/EB2/EB3 all are immigrant and are victim of broken system (I�m sure EB1 disagree here with me because they enjoy express lanes), it need fix but is it high priority for law makers or we just think it is?
    how desperate we are to provide help? or we are just good at reading/writing here and using IV and other forums for venting out? ask yourself

    The list goes on and my analysis goes on, but these are just my thoughts thinking out loud,
    and trying to think for a solution.... Next thought -> Solution, I will post in coming days





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  • chanduv23
    07-03 07:37 AM
    IV will be willing to help as needed.

    THOSE ARE GOLDEN WORDS.

    Go IV Go.

    Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.



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  • arc
    06-17 02:55 PM
    What can be done?





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  • 485Mbe4001
    09-14 04:47 PM
    its a short sighted approach, you will just move from one level of pain to another one...once you realize that you are stuck with no change in job 'status' for 10 odd years you will realize that AC21 is not all that great...ihmo..i agree with you on the SKILL bill

    I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....



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  • justAnotherFile
    08-20 11:57 AM
    StuckInMuck thanks for the awesome compilation. I have a follow-up question to the guru's on forum.

    I did an AC21 before my GC got approved. I did this on my EAD card and when I joined I filed my I9 form for taxes. Now after getting GC do I need to renew my I9 form or the old one stays valid?

    Also since I am not with my GC sponsoring employer do I still need to follow the 6 months rule with my current employer since date of approval?

    Also can we move this compilation to IV Wiki?

    #1 You need to update the I-9 form of verification because previously you employment authorization was the EAD card now your employment authorization is the GC card.

    #2 First of all there is no 6 month rule. Secondly even if theoretically there is a undefined period it does not apply to you anymore since you are no longer with your GC filing employer.





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  • Humhongekamyab
    07-02 02:50 PM
    What exactly happens to them?
    Are they under a watch list?
    Many employers will open up a new company and operate?
    Maybe employers are ready to deal with this ????

    I am not sure what happened to them. I just saw the list.

    Yes many employer will open a new company but given a choice to follow the law or open a new company and start from scratch; I am sure most will follow the law. Also how many new companies will they open. If everybody files a complaint every time someone is exploited the employer will have to either stop exploiting or stop doing business.

    Just because your employer is willing to steal your money does not mean you let them do it. Just because a person is ready to make you a slave does not mean you should become a slave. Let them do what they want to do, we all should do what is right and what we have to do.



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  • canleo98
    07-26 11:09 PM
    My I-140 got approved even though my company also did not file 2006 Tax return. My company is a small(less than 30 employee) loss making company. Our company secretary just gave a letter that company has not filed tax return for 2006 and has asked for extension, attached request for extension. If you are meeting any one of the three criteria of the yates memo, there are very high chances of I-140 getting appoved. Search for yates memo and you will get more details. Is your current wages more than prevailing wages? If yes, then you will be fine. Your lawyer has do a very good analysis of companies ability to pay prevailing wages. So work with your lawyer and you will be fine.



    I guess I feel more and more hopeless by each second/minute

    My PERM application (5/28/07 PD) stuck at Atlanta
    In meantime I asked my lawyer what my employer would need to get for me (my employer has been a major pain and slow beyond words...took years to get PERm going...i'm seriously just done/depressed with so much). My lawyer said they would need to provide 2006 tax docs and sign bunch of papers etc.

    Checked with employer...it's an average work place...must have 100 employees i think....and i'm told by HR (this woman in charge seriously has some stuff against me...i don't know) that they don't have 2006 returns, just 2005...come on a legal place like them has to have filed 2006 return.... but this is what i'm told..

    I guess what's the point...without those docs, which i assume are initial evidence, i have no hope....

    me...really sad....





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  • Jaime
    03-20 01:50 PM
    I doubt anyone has been through my situation because most of you are high or higher-paid IT professionals. In my case, my company's immigration attorneys have been requesting the prevailing wage over and over for more than a year noiw (in order to get me started with PERM) but the prevailing wage always comes back way higher than what I am getting paid! Evidently, I am severely underpaid, and there is no light at the end of my tunnel unless my company matches the prevailing wage, which I doubt they will do. I used to laugh at those that called H1B the "modern day slavery", but now I am not laughing anymore. Has anyone at all been through this ordeal and can at least share a shoulder to cry on? Thanks guys



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  • krishnam70
    06-17 02:24 PM
    Thanks guys for the moral support and quick responses.

    More details are as follows:

    1. This accident occurred in 18 months back in CA
    2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
    3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
    4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

    So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
    All this happened within in mins or secs, I would say

    --> --> --> --> --> --> --> -->
    Myself car1 car2 car3 car4 car5 car6 car7

    In the above pictorial representation,
    a) car 1 hit car2 which in turn hit car3 (1st impact)
    b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

    I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

    Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

    BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

    As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

    So they are claiming the following:
    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages.
    200,0000 for: future treatment
    50,000 for: lost wages

    Thats is what the story of my life :(

    Hope this gives u more details to provide me with more suggestions.

    3 milliion for : other damages(emotional etc.....) --> This is BS. You can file a counter. They are already quoting 200k for future treatment and other amt for lost wages. Its just a lawyer thingy to throw some mud and see if it sticks. I do not think that 200k is warranted for the treatment of a herniated disc but your insurance will take care of it so no worries.

    As suggested by all the folks here, this is a civil case and wil have no bearing on your GC. However if you don't respond you will be held liable so get a good attorney and respond to those charges. If you run away to India most certainly it will become a criminal case and you will most probably end up never be able to return here or since this involves injury to an american citizen the embassy/consulate may pursue you further even when you return back to india.

    1. If you decide to contest it, try to see if your attorney can invoke any procedure to get previous medical condition of the other party. This is to verif y if the injury/condition they are seeking damages for are a result of this accident or they had a history.

    2. Try to get details about their occupation and see if there are any occupational hazards that can cause this condition due to it. Although it can be circumstantial its worth a try.

    I know patient/doctor relation is privileged but if the law enforcement is requesting medical condition of a patient then there might be a provision to get that info. California however is totally different ball game..

    Good luck my friend. Hope you pass through this difficult time

    Here is a link from the injured person's attorney's point of view.. The key to winning a case is to find the weak points in the oppositions case and drive hard on it. This is not to say the other person was not injured or anything but the blood sucking claim for 3 MILL is what pisses me off.. believe me I was a person who was injured in an accident for no fault of mine and I am still fighting the case for lost wages and medical expenses only for 13 years now. Its a different matter that it is not in USA. I won the case in lower court but a counter was filed in higher court by the insurance company and its still going on.

    Life goes on despite that. Have faith and hope and things will be better as time passes. Worst case you can file bankruptcy and throw up your hands.

    link******
    http://njlawspersonalinjury.blogspot.com/2008/02/herniated-disc-slipped-disc-pinched.html





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  • lacrossegc
    12-02 01:07 AM
    strategically , you dont want the other side to know this info ...
    seriously ...
    I agree ... if we come up with a serious pay as you go policy ... say even one cent per posting/reading from everyone... that way it will be fair ...

    I do not intend to question IV and its members who are pretty diligent about things, are entirely trustworthy and neither have they given us any reason to think otherwise. IMHO the monthly thing does not work. Some people cannot afford monthly payments due to other commitments (some are less fortunate than others). They may opt for one time payments rather than monthly payments.

    I think what we need is target oriented funding drives. For example:

    What are the objectives for the lobbying effort this year and consequently how much money do we need for lobbying efforts? $100,000, $200,000 or $500,000

    By putting collection targets up front we can direct our energies towards that target. I know that every cent counts and every dollar will be beneficial. But if we don't know and don't communicate what our target is we can never focus on the goal. A monetary target for a clear objective is something many people can relate to and a one time payment is more attractive than monthly payments.

    Cheers



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  • BrightSpark
    06-18 05:55 PM
    New entry .. fluorescing paintjob.





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  • Maverick1
    11-09 04:12 PM
    EAD & AP is luxury & aggressive. Keeping H1B active is being conservative and playing with probability and backup. It depends on your nature. Go for it!!

    If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.

    I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a piece of mind.

    Also for the first job change use AC21 and do H1B transfer also and see for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID. But later on you are on ur own.


    Okay I like the reply.
    Big investments like house is another point to consider. Right. It is not easy to sell off your house and leave in case AOS is rejected.

    I know it goes without saying that it is individual's choice whether to keep H1 or EAD/AP. As I said I want to know what Keeping H1 brings to the table.



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  • TeddyKoochu
    01-08 03:39 PM
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)


    1st C C C C C
    2nd C 22MAY05 22JAN05 C C
    3rd 22SEP02 22SEP02 22JUN01 01JUL02 22SEP02

    No Change for EB2-I or EB3-I.

    Thanks for posting, only hope for movement seems to be in the last quarter. However lets not give up, we should be hopeful and something good will happen in the last quarter.





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  • deardar
    12-11 10:58 AM
    No one know what goes in the consulate office but what you can do is call the local vfs office and tell them what happend and ask them to see if the consulate has handed out ur PP to the couriour company. They might have some information for you.





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  • bigboy007
    04-27 12:14 AM
    Not sure about the increase in fees here is what i have seen comparing it to INA and subsections...


    1. Higher wage requirements defs being added to definitions seciton in INA [Immigration and Nationality Act], Requirement of Internet posting, wage determination.

    2. 90 Days being replaced as 180 days for non displacement option

    3. No consulting for H1B employees based on the Recruitment (F) section.

    4. SEC 102. I states if no. of employees > 50 , sum of [H1B, L(1,2)(L1A, L1 , L2 Perdef 101(a)(15)(L)))] should not exceed 50% of No. of employees. No more H1B's

    5. Sec 111. mispresentation period increased to 24 months from 12 months, USCIS will conduct audits for all employers if no. of employees > 100 and no. of H1 employees > 15% , Publish publicly those reports

    6. Failure to meet a condition increase from 1000 to 2000 , failure for misrepresentation increased from 5000 to 10000. Employer will be liable for employees lost wages and benefits.

    7. illegal : H1B non immigrant to pay a penalty for ceasing an employment with employer before the agreed date, failure to provide common benefits health , life , disability , insurance , retirement , savings, cash/noncash bonus etc...

    8. with in 90 days of enacting S887 , secretary of labor will provide website to post these positions on labor department website.

    9. stream line of job classifications and roles with 1 year of enacting of S887...

    10. DOL can hire 200+ employees to fill these requirements ;)

    + l1's I have not gone through....



    Newer version is - as should've been expected - more protectionist than before.

    1) It prohibits H1B workers from working in contract positions.There is a redundant provision for the L1 visa as well (there is already a law which does this for L1). However it doesn't prevent American companies from keeping these contract workers in India or elsewhere and co-ordinate the work through web-conferencing, video conferencing, VPN/VNC etc.

    2) It increases H1B fees by another 1000 dollars. There will be the added cost of advertising on DOL website. Also, the legal costs of navigating the audits. It also enables Tort attorneys to sue the companies on behalf of labor unions such as IEEE-USA, PG, Bright Future Jobs, Zazona etc. In essence it makes the whole visa program unviable. American companies cannot participate in the visa program without letting the DOL and the Tort attorneys poking their noses in the daily functioning of Corporate America. Imagine which company will apply for H1B when you'll have ads airing on TV from Tort attorneys - 'Have you been displaced by H1B worker? Call 1-800-TORT-ATTORNEY'?

    3) It has a whole gamut of so-called 'H1B/L1B worker protections'. Unless and until the complaining foreign worker's visa status/GC status is protected against employer retaliation, these provisions will remain only on paper, as foreigner workers facing the prospect of forced departure from the country will not complain - extra worker protections or not. They might as well scrap these provisions and save some trees in the process!

    4) It retains the provision that H1B/L1 worker must be provided all originals for H1B, Green Card etc. However this will be moot, as there won't be many H1B/L1 workers left in the US to take the benefit. They would already have moved to their home countries, brining the salaries down in their home countries die to excess supply. This combined with technical enablers are going to make outsourcing HOT. I think it's a good time to invest in the stocks of these outsourcing companies. Their returns are going to increase exponentially in a year. I am not surprised, if these companies send a 'Thank You' note to Senators Durbin and Grassley for making such a windfall possible.


    If this year only 44,000 visas were used after half a month, wait until this law passes. There will already 10,000 or less visa applications. On a short term basis wages will sky-rocket, when companies are already struggling to make the ends meet. This will definitely make the usage of technological innovations such as the ones mentioned in point 1 more appealing to the companies. In the long run Outsourcing will become cheaper and more attractive.

    Faced with accute worker shortage and unreasonably high-salaries driven scarcity in an economy under recession, Companies will have only 3 options. 1) Announce bankruptcy and get out of business salvaging what they can 2) Leverage technology to do outsourcing circumventing the need for visas 3) Beg the government for another 'Stimulus' and more borrowed money from the Chinese to pay the salaries.

    This will hit hard the humanitarian immigration for refugees, asylees etc. USCIS is a government department run on visa application fees. As H1B fee-base reduces US government will have to appropriate more funds to USCIS to keep these programs running. The cost of these programmes will increasingly be borne by the American tax-payer. As jobs keep getting outsourced at a much faster speed tax-base formed by these H1B/L1 workers will shift to other economies benefiting them, the government will have to increases the taxes to make up for the difference. No doubt this will increase the tax burden on an average American - even those who had nothing to do with H1B, pro- or against.

    The day this law passes will be a great day for Outsourcing, and a sad day for America.





    diptam
    07-11 01:18 PM
    If they keep the ON HOLD status for more than 45 days... That event is again a potential lawsuit material.... Because they are changing a Long standing practice which requires lawmaking ( ref: Rajiv Khanna's quote)

    Regd AILA lawsuit i believe they are deliberately delaying so that USCIS change the Bulletin to C on its own ( from the fear of lawsuit). On the other hand USCIS is not doing that because they knows this weakness of AILA and trying to keep things stretching so that when OCT arrives this whole move will get weakened .... As soon as new bulletin with some availability comes out peoples will start losing motivation ...

    I strongly believe that AILA and USCIS are cousins with the same last name. I smell something fishy when AILA files a lawsuit against its cousin.





    BharatPremi
    03-13 10:00 AM
    Are we sure that consular processing dates are mirror of AOS bulletin?



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