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  • twinbrothers
    07-10 11:49 AM
    I guess USCIS is getting pretty smart. To be a plaintiff in the lawsuit, your application has to get rejected. By holding your application, it is probably preventing you to be a plaintiff. Smart F***ing A**es





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  • add78
    04-28 09:37 AM
    It's not just 180 daysd before the application, it also includes 180 days AFTER the application.

    This is the current section on 90 days period


    (E)(i) In the case of an application described in clause (ii),
    the employer did not displace and will not displace a United States
    worker (as defined in paragraph (4)) employed by the employer within
    the period beginning 90 days before and ending 90 days after the
    date of filing of any visa petition supported by the application.

    And the ammendment in the new bill

    (1) NONDISPLACEMENT.--Subparagraph (E) of such section 212(n)(1) is amended--
    (A) in clause (i)--
    (i) by striking ``90 days'' both places it appears and inserting ``180 days'';

    Yes, I got that already, I did not specify in my message as it is a "after the fact" requirement, i.e. I am not undermining its potential disastrous ramifications of having to force the layoff of already hired H1B if any other layoffs occur post the H1B hire, I was simply trying to focus my analysis on the impact BEFORE the H1B employee even be hired by employer or placed at client site. But yes, this applies AFTER 180 days as well.





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  • andycool
    07-16 01:04 PM
    With my very best wishes to those of you waiting for your GC, this thread is created for the lucky among us who received it recently. I am putting together a list of things to do, and not do, to maintain our freshly minted PR status, which should also help during future citizenship application. The list is mostly about little things that others have learned from experience (and I am learning from their experience, by reading in immigration-related forums such as IV). The more obvious things that can be found for example in USCIS handbook (http://www.uscis.gov/files/nativedocuments/M-618.pdf) are not included here. Below is a snapshot of what I have gleaned from Internet so far, and please add your own input(s):

    LIST of DO's :

    1. Carry the original PR card on your person at all times (e.g. in your wallet), keep photocopies in different places, and also store A# on your computers. Note: This is a contentious issue (do a google on "carry green card" and see for yourself), despite being required by law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Some people are naturally worried about losing wallet and the eventual hassle of replacing the lost card (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD), whereas others, including me, prefer to follow the law, in case I am suddenly asked to produce evidence of my legal status (e.g. in some border states, or unforeseen events, such as being involved in an out-of-state car accident where showing my DL might just not be enough). Failure to comply may result in, at best a fine, and at worst detention for breaking a law. (See comments by InTheMoment below for additional perspectives.)

    2. Retain all original copies of USCIS documents related to your legal status during the entire period of stay in USA, and shred all photocopies (except when you have a photocopy but not its original).

    3. Retain all employment-related documents, particularly original copies of appointment letters.

    4. Retain copies of all tax return forms from the year of your first entry, or (at least) previous 10 years (you can request IRS (http://www.irs.gov/pub/irs-pdf/f4506.pdf), or your professional tax preparer, for any missing copy).

    5. Maintain a detailed log of USA exit/entry, including dates, POE and countries traveled, beginning with the day of first entry.

    6. Maintain a detailed list of all legal troubles, including minor traffic infractions such as speeding violations (ignore parking violations, because they do not constitute legal "detention"), going as far back as possible. Keep copies of all relevant court papers, traffic tickets, proof of any payment (e.g. scanned copies of personal checks used, credit card statements), and so on.

    7. Update your social security card (http://www.ssa.gov/online/ss-5.html) to remove any restrictive clause about work authorization printed on it. Here is another thread (http://immigrationvoice.org/forum/showthread.php?t=20610) that discusses this point further. Note: AFAIK, the procedure changes nothing as far as your privileges go, and some of you may not even have such a clause on your SS card (I don't have it either).

    8. Return your I-94 cards to POE on your next trip outside USA, to "close the open files" on your past travels. AFAIK, this may be more relevant to those who applied for GC via special registration (NSEER) (http://www.ice.gov/pi/specialregistration/), and probably does not matter to others.

    9. Renew DL to get rid of the annoying "Temporary" word (in case you are in one of those states that do this).

    10. Update your status with your employer by filing new I-9 form (thanks to InTheMoment for this point).

    11. Continue to notify USCIS (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCR D) about change of address within 10 days of moving, as before (thanks to seahawks for this point).

    12. Keep a list of current and past residential addresses, including dates of stay. Retain all leases/ownership documents.

    13. Remember the basics: Initiate your GC/passport renewal process at least 6 months before expiry/Intl travel (Thanks to pappu for this point.)

    14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

    LIST of DONOT's :

    1. Do not sign up for voter registration card. In particular, never vote in national/state/local elections that are open only to citizens, because this is also a law (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD). Even an accidental mistake (e.g. voting out of ignorance) is a serious offense, which would not only derail your future citizenship plan, but may even result in deportation.

    2. Do not develop a pattern of frequent and/or long absences from USA, unless you have taken prior permission for valid reasons (e.g., studying abroad, medical emergencies etc). Otherwise you may face trouble at POE on your next re-entry attempt, because DHS has become stricter in recent times about possible misuse of PR status, and POE folks are now trained to spot such patterns.

    3. Do not switch job soon after getting GC. This is one of the most discussed, but least understood, issues because no one seems to agree on "how soon is soon". The rule of thumb appears to be "6 months", and a safer bet is "1 year" (here is a thread (http://forums.immigration.com/showthread.php?t=154533) on another forum). This again relates to USCIS being increasingly sensitive to possible misuse of PR status, and this question will come up during your citizenship application process. (Invoking AC21 while GC was pending makes the issue somewhat different (http://www.murthy.com/485faq.html#13).)

    4. Those of us who self-sponsored our GC via NIW or EB1A route are not bound by such employer-employee commitment, but you should continue working in "similar areas of expertise" that you claimed in your NIW/EB1A petition, and preferably on a longer time scale.

    [This is an evolving list thanks to valuable inputs from folks here and elsewhere, so keep checking back.]

    Cheers,
    Stuck(no more)InTheMuck

    5. When you file taxes Never claim your self as Non Immigrant .





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  • kavita
    09-17 02:04 PM
    Next they are going to work on the HORSE SLAUGHTER bill !!!!! :( :(

    I heard the Chair mention this

    And the republicans are going to oppose that too, which means there will be no time for HR 5882...

    :(



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  • canleo98
    04-20 01:08 AM
    Hi sledge_hammer,
    I have sent you a PM, can you take a look.

    Thanks


    I work for a small growing company that is reporting losses for the last 2-3 years, but I still got my PERM and I-140 approved based on the fact that the company's asset value is way more than my salary.





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  • gg_ny
    02-13 04:38 PM
    Thanks for your sarcasm, anands26 and the likes: see you again when fruits of IV's efforts are more visible.

    While denial is beautiful, stupidity is frustating, isn't it?

    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.



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  • caliguy
    10-28 03:47 PM
    Got a call this morning (at 8 AM) from an IO at local office telling me that my case was approved.

    After an hour, around 9 AM, I got another call from USCIS. I was pleasantly suprised with how polite the lady was. She told me that she was following up on the inquiry I had sent. She repeated what I already knew, that my case was approved on 10/26. I am assuming this was in response to the letter I had sent to USCIS secretary Napolatino. She congratulated me a couple times and I thanked her for calling me.

    So folks who are waiting, please try everything you can. Draft one good letter, and send it to everyone you can and hope that at least one of those authorities will look at your letter and do something about it.

    I also want to thank SeekerOfPeace who shared his letter to Sec. Napolatino with me.





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  • krishnam70
    07-11 08:47 PM
    Eom



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  • learning01
    02-01 01:08 PM
    it is pure exploitation of physicians on j1/h1 visas. And everyone know about it, including the law makers.

    People finishing residencies and fellowships on j1 visa go through some unscroplous lawyers and agencies and manage to get a waiver job by spending at least 20 to 25K.

    What I want to say is, entire system is like this. Just not consulting companies





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  • trueguy
    08-14 11:43 AM
    Bump



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  • dreamworld
    06-15 05:27 PM
    Please guys. Do not rush your marriage for Green Card. I know couple of my friends ended up in bad marriage experience just becoz they are getting faster green card. Choosing right partner is more important than GC.

    If you already decided on your partner and waiting to get married, then its right time. So my advise, please counsult with an attorney if you are unmarried and filing 485.





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  • snathan
    04-25 11:51 PM
    Understood. Now you want all H1 L1 B1 everything to be stopped. So lets vote only for EAD/AP/GC till you get your GC. After that US should stop GC also, right? (but ofcourse, naturalization still should remain open for a few more years).

    If one person can work for your job at $8/hr, and you are charging $100/hr, market would adjust itself to $8/hr (for a moment forget about who does this $8/hr, it can be a high-school kid, or anybody).The only reason why somebody blames that $8/hr kid for loosing his job is because he "thinks" he is "superior" to that kid. There are many situations where companies decide to retain "fresh college grads" and layoff "senior experienced" persons, to save money.

    Don't take me wrong, but I also think the L1 is mis-used a bit. But I personally think the mis-usage comes from other factors (like H1 unavailability, employer prefer L1 because employee cannot change to another employer in L1, other H1 restrictions) etc..

    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Though I am not supporting this bill, we have to accept the face there is no numerical limit on L1 and no knows how many L1 are getting approvd every year. L1 guys can not change their employer, they dont have any idea about their benifts. I know a company which have a policy that the employee can not have US insurance untill he is here for six months. They bought the cheap indian insurance and no doctor is accepting here. So the employee needs to pay from his pocket and need to collect it later. Because of this guys are not even going to the hospital.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.



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  • optimist
    06-12 10:21 AM
    .
    .
    .
    In case If I wanted to have my attorney, I need to cough up $275/hr and 5K check upfront and he feels his fee may add upto 10K by the end of all this. So not sure whether just go with insurance agent's attorney for the time being and just wait how it goes, even if the case goes against me as I don't have much bank balance etc I am not sure what they can get out of me..

    Any thoughts??

    If I were in your place, I would not spend money to hire my own attorney- not yet. I would let the insurance attorney handle the initial few months, and only after things start happening, I'd think about paying an attorney myself. Meanwhile, use this interim period to look for a very good attorney- meet with a couple of them and decide which one would you choose, if you had to. Personal liability defense is handled best by firms specialized in tort defense (eg. who defend medical malpractise suits), and NOT by trial lawyers who are mostly experienced with plaintiff's cases.

    Another thing, since YOU were the one who seems to have experienced most injuries in the accident, didn't you get letters from trial lawyers offering to sue the other folks and ask for damages (since THEY were at least 20% responsible for your injuries)? Such trial lawyers do not take any money from you upfront- they only take a % of the money recovered. This might make things too messy for you to handle- but give it a thought; sometimes offense is the best defence.

    Some folks have advised you to move money etc out of this country- but remember this can backfire. Any financial transaction you do now, will be heavily scrutinized if there is a trial and will be treated as fraud if they are seen as attempts to hide money. This will bring in additional charges and the court will order for reversal of all these transactions. So tread carefully, my friend.





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  • trueguy
    08-27 12:22 PM
    Did anybody get any reply from letter campaign? Why is it so difficult for USCIS to release number of pending application per category per year?



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  • bujji282
    07-14 11:32 PM
    just signed





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  • morchu
    04-26 03:34 AM
    Lets not support this bill guys. The right way to stop mis-use of H1 or L1 by companies is to make it a free market for the "employees" in visa. Let them be able to work for "any employer". Do you think the L1 guy will let him be abused, if he was allowed to change employers easily. Lets not close the doors for others, lets have an open mind to for competition and equal human treatment. Also lets see what is best for USA.

    Putting more restrictions on employer is never effective. Abusing employers will always find the loopholes, and the legitimate employers will be scared away. The effective way is to get the "visa employees" more freedom.



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  • gc_chahiye
    11-02 01:05 PM
    The GC system is entirely in our favor. It really does not benefit America in any significant way.

    nope, if the alternative to the GC system is outsourcing (as you yourself mentioned) all the profits go to big corporations and our salaries are spent in India. The corporations are notorious for avoiding taxes so teh government gets nothing. By making us stay here longer (on H1 or GC) we end up spending our salaries here, paying taxes, paying social security, paying medicare.

    65K H1-Bs earning 70k a year is 4.5 billion dollars. 140K new GC holders each year earning the same comes out to 10 billion dollars. Out of that taxes alone are an easy couple of billion or more dollars. Then take into account the side-effect (we buy cars, we buy appliances, we rent apartments) and the contributions we make to this economy are a lot.

    And to say that we are stealing jobs is also inaccurate. There is nothing called stealing-a-job. In general every job is worth how much someone is willing to be paid to do it. If an American citizen wants 100K and the GC holder wants 90K and the H1-B visa guy wants 80K (and all of them are going to work in the same city and same office) the job is worth 80K. The H1-B visa holder is not stealing a job. The days of knowing HTML tags and commanding a salary of 100K a year (1999-2000) are long gone and now replaced by 'that kind of work gets done in India or Ukraine for 10k a year'. Looking at the resumes we got in response to job ads placed in the last 3 companies I worked for, there are simply not enough qualified americans interested. Thats a fact. So the IT sector needs help from abroad to get the job done. They can either send the work over, or bring the people here. Bringing the people here also benefits the rest of the economy.





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  • getgreensoon1
    04-19 11:26 AM
    Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!

    Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.





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  • greencardvow
    07-18 05:24 PM
    Date of Delivery: 07-02-2007
    Time: 11:00 a.m.
    Service Center: NSC
    Status: ???





    lvinaykumar
    07-14 05:36 PM
    Signed and Emailed





    wandmaker
    06-06 05:29 PM
    Last night I called 10 friends and asked them to call. Few are on H4 and were totally up for it. Spread the message folks and call. This is our one chance to make things happen before November. We are almost there.

    I just contributed 100 USD. Contribute and call.

    WE CAN DO IT.

    Please report this contribution in funding drive thread, if you have not reported already



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