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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • the_jaguar
    11-08 04:46 PM
    Central Jersey here..





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  • ImmiLosers
    11-23 09:40 AM
    I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer





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  • ozone123
    07-16 09:25 PM
    Just posted this reply at http://www.numbersusa.com/helpform

    Hello,

    I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".

    Seems like you have got many facts wrong.
    I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.

    Below are some corrections,

    "(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."

    The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.

    "(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."

    The above statement in COMPLETELY incorrect.
    Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
    On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    You got to be kidding.There is no such thing.
    I would appreciate it if you can quote any official source of this info.


    Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
    The trust will be out soon.

    Sincerely.
    XXXXX



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  • Canadian_Dream
    11-17 12:44 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.





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  • Slave_2k
    10-12 02:55 PM
    The information that we are trying to capture is already with IV. It will be nice if they can actually come up with a neat report on that. What say guys?



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  • rock
    06-22 10:54 PM
    When you get 485 approval you will not need EAD or AP :D
    It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
    Hi voldemar,
    I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?

    I would appreciate the answers and any official links if available.
    Thanks





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  • ak_2006
    04-08 09:35 AM
    Please Participate in this...



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  • gk_2000
    08-10 01:48 PM
    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





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  • kondur_007
    04-10 10:28 AM
    Does anyone have numbers for spillover last year category wise? I mean, last year how many EB4, EB5 and EB1 left out visas got spilled over to EB2? Thanks...

    Here are the details for last year and years before:

    (Thanks to user "sangiano" on : link: FY2009 Visa Data, Spillover to EB2 - Will it be Similar FY2010 (http://www..com/usa-discussion-forums/i485-eb/498198953/fy2009-visa-data-spillover-to-eb2-will-it-be-similar-fy2010))

    Employment Visas 2009

    Total Employment Visas for FY2009 = 141,020

    Theoretical values without spillover

    EB1 28.6% = 40,332
    EB2 28.6% = 40,332
    EB3 28.6% = 40,332
    EB4 7.1% = 10,012
    EB5 7.1% = 10,012

    Actual values with spillover

    EB1 40,978 = 29.1% received c.650 spillup visa used
    EB2 46,034 = 32.6% received c.5,700 spillover visas used
    EB3 39,791 = 28.2% received c.550 less visas than quota
    EB4 9,999 = 7.1% Zero spillup visas to give
    EB5 4,218 = 3.0% c. 5,800 spillup visas to give

    What is noteworthy is the fact that spillup/spillover visas were only available from EB5.

    In addition, EB1 actually consumed spillup visas and did not contribute any spillover visas as a result.

    This implies that the total spillover visas available to the 7% limited countries was only c.7,500. Since 5,800 came from EB5, less 650 used by EB1, this gives a subtotal of 5,150. In turn, this implies that there were only 7,500 - 5,150 = 2,350 as spillover from EB2-ROW. In the worst case the difference is entirely from EB5.

    I think it gives food for thought and shows the difficulty of trying to second guess visa consumption in Categories that are always current. I accept it might be easier to get a handle on non-NIW EB2 because of the PERM data available for ROW.

    I'm not sure why FY2010 would be much different, at least for EB1 spillover.

    Additional notes from subsequent posts:


    There was significant spillover in FY2007 because (based on 154,497 total EB visas) :

    EB1 only used 26,806 out of a possible 44,186 available visas.
    EB4 only used 4,794 out of a possible 10,969 available visas.
    EB5 only used 793 out of a possible 10,969 available visas.

    That gives a potential spillover of 33,731 visas to categories below EB1. In FY2007 that mostly went vertically to EB3.

    There was significant spillover in FY2008 because (based on 162,949 total EB visas) :

    EB1 only used 36,590 out of a possible 46,603 available visas.
    EB4 only used 7,648 out of a possible 11,569 available visas.
    EB5 only used 1,443 out of a possible 11,569 available visas.

    That gives a potential spillover of 24,060 visas to categories below EB1. In FY2008 that all went to EB2.

    The amount *was* smaller in FY2009 because (based on 141,020 total EB visas)

    EB1 used 40,978 which was more than the available visas of 40,332 (i.e. it used some of the spillup from EB4/EB5).
    EB4 used 9,999 out of a possible 10,012 available visas. (i.e it pretty much maxed out)
    EB5 only used 4,218 out of a possible 10,012 available visas. (i.e. much higher than previous years)

    That gives a potential spillover to EB2 of 5,161 visas, which is substantially lower than previous years.

    This is all his analysis based entirely on historic data (no predictions here; just what has already happened). All credit of analysis goes to him. I never crunched a single number; I am just an "integrater" of the info. Please also note that now we have found out that the word "spillover" should actually be "fall across and down"

    Hope this was the info you were asking for.



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  • ak27
    02-02 09:51 AM
    Hello Everyone,
    Many thanx to Varsha, Sanjay and all others. I am uploaded the updated flyers. As we have discussed over concall last week, we shall be meeting at Bridgewater Temple...

    AK27





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  • desi3933
    02-03 01:02 PM
    Thanks desi3933, couple more questions...

    do I have to submit only the job offer letter?
    Should it be the old(one I originally got) one or get one from the employer saying I am currently employed as permanent for the same salary as in I140?
    Do I have to send the W2 from last year?
    Do I have to send 2 pay stubs from this year?


    Please read my post again.
    The letter is for future GC job, not for your current job.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • svr_76
    02-18 05:55 PM
    This is for the great aid of the undocument folks....this bill is meant more for them not for us folks...


    Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.





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  • indianindian2006
    04-23 06:34 PM
    Congratulations Googler



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  • Madhuri
    04-02 03:41 PM
    You are absolutely right about rippling effect. I personally know someone, yet to graduate, yet to get OPT also, but got trained in ETL/Datawarehousing before graduation, got a job thr' desi shop as a H1 consultant with 6 years experience. I was really shocked to see the level to which people can lie. I am sure their lies won't stand in critical work situations when REAL exp. is warrented. But the damage is already done.

    [QUOTE=imv116]

    Nothing wrong, but just the fact that hiring becomes difficult and and people with genuine experience will also have to go through stringent hiring procedures. Say someone really has 8 years experience and someone is faking 8 years experience, both are competing for the same job and as a hiring manager, if the job is filled with someone with fake exp and this person does not perform, it will have a rippling effect. I have seen this happen.





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  • nfinity
    06-11 05:52 PM
    to IL senator



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  • alex99
    07-11 07:35 PM
    EB3 PERM

    Labor Filed: August 27th 2006

    I-140 filed at NSC on 12th November
    Still waiting for approval

    Sent 485 App to NSC on July 2nd....

    Regards,
    Alex





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  • alex99
    07-11 01:50 PM
    Request More Eb3 Guys To Participate......

    Please....





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  • pappu
    02-01 10:17 AM
    Immigration Voice is making every effort to allow for members to be part of this advocacy effort (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html). IV team requests that many members plan to come to DC in April. This thread is started for members who wish to carpool or donate air miles or for DC/MD members to host others. Please use this thread to connect with each other.

    However, for reasons beyond our control if members cannot do so, please contribute monetarily (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions.html#post2305081).

    Sukhwinder is coordinating the efforts on carpool and hosting options.
    Members who wish to carpool please post on the thread as well as send an email to Sukhwinder - 2011carpool@gmail.com

    Vinay is coordinating the efforts on airmiles, people wishing to donate air miles or request help for using the air miles, please PM vin13.


    Poster to spread the word.. (http://immigrationvoice.org/wiki/images/a/a7/Myposter.pdf)

    Thank you.





    ssingh92
    02-14 12:30 AM
    Dude;

    This is called natural correction. Read other posts and you would realize that for last 10 yrs majority of these so called IT programmers didn't even go to proper engineering college. More than half of them weren't even qualified to do the jobs. And than most of them came here and sat on bench, even though their actual jobs were still being searched or finalized. This system was mis-used and abused. Now it's time to pay for it!

    So thank God this is happening and hope USCIS does good job this time.

    I totally agreed with you. This system has to be cleaned. If a system is being misused then the Gov will take some action. I also dont think they want to remove all Indians from US. I believe they will link this system with a new system similar to JRE and TOFFEL so that a police inspector from India can not come as PL/Sql programmer no matter who is hiring. I know my comment will hurt lot of people here.





    pbojja
    12-11 10:17 AM
    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .

    Some one left a nasty message for this post with a red. I m not even worried about red but your comment made me sick and here is the message for you .

    Looks like you are grown up wrong ? either you lived in a environment like the one in your message or completely out of your mind after you grow up .

    I m surprsied you are educated and made it to US and waiting for GC ..wow what a sick idiot ..