sreedhar
03-16 12:51 PM
My Friend...Applied his Labor on EB-2 in MAR 2005. His labor approved and applied I-140 & I-485 in AUG 2007. His I-140 Got approved. He said his lawyer accidentally filed his I-140 in EB-3. Because his I-140 approved notice Type has the message like "Skilled Worker or Professional, Sec. 203(b) (3) (A) (i) or (ii)". Is this is true....? Thanks for early reply.
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alex99
10-12 02:19 PM
Here are the EB2 Poll Links:
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
http://immigrationvoice.org/forum/showthread.php?t=6266
http://immigrationvoice.org/forum/showthread.php?t=6128
bheemi
07-02 07:03 AM
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
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jsb
08-15 04:26 PM
What do EB cutoff dates in Sept VB mean? All eligible for filing AOS did in July/Aug. Does it mean that USCIS will be giving visa (approving GC) to those within the new cutoff dates?
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va_labor2002
07-25 08:34 PM
Bkarnik,
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.
I am going to contact my attorney about this question.
So did you ever get to contact aila. Or is there anybody who has contacts with aila taken up this issue with them?
May be, everybody should contact their personal attorney and ask this question. We will see what their responses. If it is positive ,we can definitely contact USCIS and ask for clarifications.
I am going to contact my attorney about this question.
Green_Always
08-08 09:39 AM
Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.
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anurakt
12-27 06:49 PM
Dude,
That is what they are afraid off. They want you to go to your home country and not sneak into their country.
Many ppl go through European airports during transit and then ask for Political asyslum. Many Tamil Tigers did that so did sardars during khalistan times.
This all started after 9/11 , having a valid US visa means that you have gone through the security check...else when u apply for transit visa, they do these checks for you......
That is what they are afraid off. They want you to go to your home country and not sneak into their country.
Many ppl go through European airports during transit and then ask for Political asyslum. Many Tamil Tigers did that so did sardars during khalistan times.
This all started after 9/11 , having a valid US visa means that you have gone through the security check...else when u apply for transit visa, they do these checks for you......
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coopheal
05-06 08:57 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
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ramus
07-02 07:43 PM
If you don't belive in giving fight back and feel not contributing then its okay..
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.
Ask funds for some other work but not for lawsuit..
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nomi
12-12 04:15 PM
USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?
DOS is Department of State who controls all visa numbers.
DOS is Department of State who controls all visa numbers.
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sledge_hammer
02-14 10:51 AM
How is it relevent if I am a Jew, a Christian, a Muslim, a Hindu, or anybody else for that matter? Your question is so absurd, and has absolutely nothing to do with what a human being should feel towards the suffering/struggle of another human. The reason I asked you what you think is because you supported OP's idiotic comparison.
I do not know what you have against conservative Christians or Jews, but you knowing my religion will not prove anything or make your statements any more sensible.
In order to feel pain for a person, how closely do you have to be to that person? What is the definition and boundry? Do you need to be only a parent, child, or a sibling? Can you be just a blood relative? Do you have to speak the same language or come from the same state? Do you have to be of the same caste? Same religion? Same race?
Do I HAVE to be a Jew to sympathize with them?
As humans, there are certain standards associated to the pains people go through. The Jews or the Kashmiri Pandits or Muslims or Christians that are killed, gassed, persecuted, imprisoned have definitely been through more than what we legal immigrants are going through.
You ougth to be such an egotistical and selfish person if you feel that your pain (not getting H-1B) is more than someone else's (being killed) because you're experiencing it! Even if you're simply "comparing"!
So in your case, since you support OP's analogy (our suffering vs. Jews), you would rather be gassed like the Jews were than to wait in line for 10 years in the queue for your GC? Or if you feel that being gassed is equivalent to being denied your H-1B extension in a TARP company, be my guest; to have a first hand experience, go lock yourself in your car garage w/ the engine running and all the doors locked. Come back alive (which I highly doubt you will), and tell us that you felt the same pain in that car as you would have felt if your H-1B was denied, then we'll believe you.
Get over yourself and stop writing nonsense!
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
I do not know what you have against conservative Christians or Jews, but you knowing my religion will not prove anything or make your statements any more sensible.
In order to feel pain for a person, how closely do you have to be to that person? What is the definition and boundry? Do you need to be only a parent, child, or a sibling? Can you be just a blood relative? Do you have to speak the same language or come from the same state? Do you have to be of the same caste? Same religion? Same race?
Do I HAVE to be a Jew to sympathize with them?
As humans, there are certain standards associated to the pains people go through. The Jews or the Kashmiri Pandits or Muslims or Christians that are killed, gassed, persecuted, imprisoned have definitely been through more than what we legal immigrants are going through.
You ougth to be such an egotistical and selfish person if you feel that your pain (not getting H-1B) is more than someone else's (being killed) because you're experiencing it! Even if you're simply "comparing"!
So in your case, since you support OP's analogy (our suffering vs. Jews), you would rather be gassed like the Jews were than to wait in line for 10 years in the queue for your GC? Or if you feel that being gassed is equivalent to being denied your H-1B extension in a TARP company, be my guest; to have a first hand experience, go lock yourself in your car garage w/ the engine running and all the doors locked. Come back alive (which I highly doubt you will), and tell us that you felt the same pain in that car as you would have felt if your H-1B was denied, then we'll believe you.
Get over yourself and stop writing nonsense!
Are you a jew or are you asking this because you are a conservative Christan and you believe that jews are special because Christ was jew at the time of birth? Not that there is anything wrong with either, but I just wanted to know.
"What I believe" - What difference does it make? Why do you ask? You see its a matter of perspective. Someone may feel extremely miserable going through the process and its possible that that person may chose to compare this experience with the real victims of ethnic cleansing. Just because there is no violence involved, it doesn't mean that things cannot be comparable. Mental agony and silent torture in even worst when compared with physical violence because one is dying every moment you live. You may argue that we are all dying every moment we live, then isn't life just a torture?
Its not necessary that others MUST believe or experience their life the way you or I do. Everybody lives through a different experience. You may not agree with their version or their perspective, but it is not reasonable to force someone to draw comparison based on what you believe. And this is what I believe.
.
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logiclife
12-20 07:24 PM
I filed my 485 in July, got EAD, AP. My attorney applied for my 7'th year H1 extension in July as well and he recommends me to go for H1 stamping while my AOS is pending. He told me I can come back using my AP and extend my H1 next year if necessary but he still recommends I get stamping done. I have a situation described below. Does anyone here think I might run into issues with the US consulte in Chennai.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
I used to work a small consulting company before. I always had a Job, worked for big clients, found my projects myself. I had lot of issues with the company inspite of being on big projects all the time like my paycheck always arrived 3- 6 months late, my travel expenses got reimbursed after 3 - 6 months, company did not file for labor for an year and half where as I was told the process started and Labor has been filed. There was a time when I met with an accident and ended in the emergency room and found out that my medical insurance was not active which really stressed me out. I could not work for 6 weeks then. I have supporting evidence from the hospital to prove all this. I went back to the clients place after 6 weeks, started looking for a new Job while working on the project, quit my old company after 3 months and started a new Job. I transfered my H1, started my GC process all over. My old company did not pay me for the medical expenses, did not pay me for the 6 weeks and 3 months after and cancelled my H1 after I left them. I reported to DOL and DOL told me the company has agreed they did not pay me and my payments will be send out but they cant help you with the medical bills I had to pay. That was a 20,000$ hospital bill. To date I have not received any payments. I called DOL and they said the company is not in a great financial shape and they are trying to workout something like 2 weeks ago. DOL sent me an email that the case is still in progress and the consulate can contact them with any questions, I have experience letters from all my clients stating that I was working at their place all the time. Please advice
You are mixing up a lot of things.
Firstly, your medical bills and your health insurance has nothing to do with your 485. Your 485 is not going to get affected due to the fact that you were out of work for 6 weeks in a Hospital.
The other issue is not being paid for work. You already have an open case with DOL. And I applaud you for not sitting quiet and taking the employer to DOL.
If you were unpaid for some time, but if you have gone out of country and re-entered since that time, then there is nothing to worry because section 245(k) allows you to adjust status even if you were out of status for less than 180 days.
Read my post above. Your 485 is safe because all this unpaid period and disputes happened prior to you filing 485 and all that is cleared out once you travel out of country and come back. Once you go out and come back, its a clean slate. Section 245(k) says that you may adjust status under EB1, EB2 or EB3 if you have not been (a) out of status (b) engaged in unauthorized employment or (c) broken other terms of stay for aggregrate period of 180 days or more.
So, after coming back into US last time, if you have been out of status for less than 180 days, or engaged in unauthorized employment, then you are fine.
If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.
REGARDING RESTAMPING H1 OVERSEAS:
I dont know why your lawyer is forcing you to restamp H1 even though you have AP. Its an extra expense, extra headache and precious time waste in getting H1 stamp. But most lawyers dont want everyone to be on EAD/AP and want to use H1 because if everyone has EAD/AP and no one is on H1 then its bad for business. (lawyer's business). I am just being blunt here and this is not a negative remark on lawyers. Everyone protects their interests, but we have to look after ours. If you plan to use EAD and abandon H1, then why should you spend time and money on getting H1 stamping abroad and staying on H1? The only benefit is to lawyers who get money for filing renewals and extensions of H1. No one pays the lawyers for renewing EAD and AP because renewing them is a lot easier than renewing and transferring H1.
I personally avoid restamping H1 like one avoid plague. Stay away from it as long as possible, because I believe that walking into a restamping process is like putting your entire career in a craps table and rolling the dice. God knows what reasons they may find to reject H1/L1.
Also, it takes about 4500 dollars for a family of 3 to go to vacation to India or China from USA just in airline tickets. If you are there for 20 days, then its $ 225 per day in travel expense on that vacation. Two days WASTED in H1 restamp, especially if you plan to use EAD upon return, is 2 days = 2 X $225 = $450 wasted on just time lost in useless activity during vacation. Add to it, the visa fees and other headaches. You can easily count $1000 for useless, needless restamping as the money wasted. Dont do it if you plan to abandon H1 and re-enter using AP and plan to use EAD soon.
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angelfire76
02-13 04:07 PM
His views are distorted.
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
Can Americans go to India on H1B or similar visa to get work? No? Well, so think about it.
They can get a work permit to work in India. The only requirement is that they have to sign on a police register every month or so. This is because Indian Immigration still has not yet computerized all their records due to little to no demand.
Companies like Infosys and Wipro do hire MBAs and Engineering undergrad students to train in their India offices to understand their business model.
Wait a minute, you are from Germany, a historically xenophobic state. :rolleyes:
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vandanaverdia
09-11 04:19 PM
bump
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sin94
05-26 06:05 PM
I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
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PresidentO
03-10 01:31 PM
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
Let me guess. You are brother/sister of Ron Hira who is in bed with programmers guild and who wants to shut the golden door as soon as he is done. Ron and ilk would never say that they/their parent's stole an American job. They are all genuine and we are all fraud. If you can stay permanently, We can too. Cut the crap! Kid
You showed your two big foot in your mouth by saying that immigration policy has nothing to do with this and this is purely supply/demand. Whom are you trying to kid? Supply and demand changed because the immigration policy changed. H1B visas were increased from 65K to 195K, without a increase in the GC numbers. Folks on the hill made businesses happy by increasing the H1B numbers and did not care a rat's ass about how the increase will choke the GC system. The effect is compounded with 245i and USCIS inefficiency. But the root cause is policy that did not encompass all aspects of Employment based immigration.
You moron! People just did not come here night over night flying on their wings. It is the policy stupid that created the supply/demand problem. You don't need to lurk and then lash out by taking a conversation out of context. The guy who quoted the 2A was just quoting the retrogression times in EB and FB and was pointing out the absurdity. Of all the people, you thought EB folks dont care about family and unification issues. Yeah right! What else you gotta spit?
Let me guess. You are brother/sister of Ron Hira who is in bed with programmers guild and who wants to shut the golden door as soon as he is done. Ron and ilk would never say that they/their parent's stole an American job. They are all genuine and we are all fraud. If you can stay permanently, We can too. Cut the crap! Kid
You showed your two big foot in your mouth by saying that immigration policy has nothing to do with this and this is purely supply/demand. Whom are you trying to kid? Supply and demand changed because the immigration policy changed. H1B visas were increased from 65K to 195K, without a increase in the GC numbers. Folks on the hill made businesses happy by increasing the H1B numbers and did not care a rat's ass about how the increase will choke the GC system. The effect is compounded with 245i and USCIS inefficiency. But the root cause is policy that did not encompass all aspects of Employment based immigration.
You moron! People just did not come here night over night flying on their wings. It is the policy stupid that created the supply/demand problem. You don't need to lurk and then lash out by taking a conversation out of context. The guy who quoted the 2A was just quoting the retrogression times in EB and FB and was pointing out the absurdity. Of all the people, you thought EB folks dont care about family and unification issues. Yeah right! What else you gotta spit?
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06-11 08:04 AM
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canleo98
06-30 11:10 PM
http://immigrationportal.com/announcement.php?f=190&a=95
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
It is possible. Such an action would be illegal, but CIS has already stopped accepting I-485 applications for another category known as “Other Workers,” despite June Visa Bulletin showing that category is current. My advice to all of you is keep filing all through the month of July. For all we know, they may never issue such an illegal policy or they might lose a lawsuit filed against them. So keep filing. Regards to all. Rajiv.
__________________
Rajiv S. Khanna; Law Offices of Rajiv S. Khanna
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ash123
02-12 03:41 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
karanp25
07-14 06:34 PM
That's possible too. Please share when you received this RFE?
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
Is it possible they are trying to adjudicate my 485. I am EB2 India PD: JAN 2006.
sanjith
09-03 10:19 AM
need to know the process of conversion of L1 to H4
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