Friday, August 12, 2011

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  • gc28262
    04-26 01:29 AM
    Lets move on and focus on this main topic...

    Here are my observations.. Correct me if I am wrong..

    1. L1 option for IT is essentially killed

    2. Small IT companies will limit the headcount to 50 per company. It doesn't cost much to have more than one company. So no major changes to H1B Desi companies.

    3. Most of the big American companies will not offer new H1B with 180 days, since most of them would have had layoffs.

    4. Most IT companies will start spending a lot on lawyers. So they will be rich. There will be lot of audits.

    5. Companies will complete PERM and I140 before getting a guy onsite, only if people are really interested in coming to USA any longer.

    6. Need more clarity on where H1B outsourcing will be stopped...

    Good recap. This bill is not about liberating employees. This bill is to kill H1Bs and L1s irrespective of whether the company is a consulting company or a direct employer.

    Net result ? more outsourcing. Big outsourcing firms have enough experienced employees on their payroll to do outsourcing effectively.

    If this bill passes, it will be a shameful day for USA.





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  • alterego
    10-27 04:53 PM
    68K is unbelievable. Can you elaborate how.

    The pain during the long wait is understandable.

    Since you asked here goes........Yepp 68K. Let me say at the outset, that was both my share and my employers share(mostly mine however probably 2/3). Nonetheless all of these were USCIS/Lawyer/Related process fees.

    3 separate J1 visa fees. Filing fees etc. About 1K.

    Lawyer J1 waiver representation fees 7k. USCIS fees for that filing process plus getting the State sponsorship for the program etc. another 1K.

    Lawyer gave bad advise(told me filing labor won't help me as NIW takes the same time, never knew about something called PD in those days nor did she tell me). That screwed my case so when I found this is not correct and she continued to give bad advise, I changed lawyer in late 2003. Ended up filing both ways.



    Then the 6 H1b filings. (My wife changed jobs on H1b and also had two renewals, I had one renewal). Lawyers fees 1800-2000 each time, plus USCIS filing fees. We did premium processing for H1b on three of those occasions, so 3K more.

    Next the retainer fees for Each of the four 140s. One of mine based on Labor, and one NIW based were 6 and 6.5K respectively. My Wife's were 5K and 6K(both Labor/PERM based with but with different employers). The Adverts etc were separate. The four USCIS filing fees for this. We also did PP for two of the 140s, so another 2K there. Then the 485 filing fees. Also, we were finger printed multiple times.

    Then our near annual ritual of EAD/AP application for the past 4 yrs(though it felt more like semi-annual). Lawyer fees 1K each rounds, USCIS filing fees plus minor charges about $1300 each rounds(cumulative two EADS and two APs). Only to have it valid for 9 months because you applied on time and they approved it too quickly and they approve it just for a year from the approval date eating up 3 months of your old one. Only on my last application in March did I get a 2 yr approval. Apply later you say, well once I applied just 95 days ahead and was delayed as they took 126 days, they sent an RFE(after I inquired after 90 days mind you). It got so bad that due to that RFE and the delay for my EAD, mine and my wife's cases were even out of sync, heck even my EAD and AP were out of sync(my AP was approved but they had a RFE for my EAD as I said before)............hence more courier fees and more confusion!

    Total of 8 passport stampings over the years..... another 1K.

    I had to do medicals twice, Get CXrays twice, PPDs once, Labs twice, because the civil surgeon screwed up the form the first time and the USCIS advised me about this 3 yrs later, rendering everything done previously obsolete and so..........second rounds. The civil surgeon even charged me twice! SOB........ but I digress.
    My wifes medicals were just once, fortunately went through fine. Total 2k for all the above back and forth for mine and hers.

    Then other miscellaneous fees, Lawyer document fees, Courier charges, RFE responses etc.

    Now I will spend the last 150 on a bottle of Dom Perignon and hopefully that will be the end of this saga!


    You can tally it up for yourself. That is the ball park. Each person can quibble a few thousand this way or the other based on what you consider attributable to this endeavor or not. However, that was the tally I made. Either way it is shameful and extortionate IMHO.





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  • raj2007
    06-15 01:00 AM
    This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.

    Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.

    Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting

    This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.





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  • qplearn
    09-13 01:30 PM
    The company I work in is a medium sized business organization. My boss is a staunch republican. I hope to make him aware of these 2 bills and request him to write to the locol congressman and the senator. If we can all do the same then we can buil substantial momentum towards getting these 2 bills passed. Since most of the businesses have republican leanings and at some time have contributed towards the GOP in some way, their endorsements can have a major impact.


    I have written to my local HOuse rep; no response from him.

    I agree with Alabaman. We need to coordinate and do something. Waiting and watching will get us nowhere.



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  • swamy
    12-12 09:22 PM
    However, as far as access to some information and benefits goes, this can be restricted to members. If you think this issue impacts you as severely as it does, why the hesitation to ensure something gets done about it, and get regular access to information and benefits without the clutter?

    jazz

    I guess you are talking about premium membership like wsj etc. I am not sure a free exchange of ideas can occur if we put our membership for sale by restricting access to some parts of the website. IV will lose some of its sheen and I am not sure the tradeoff in membership $ is worth it- dunno just doesn't feel right in the gut





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  • chanduv23
    05-24 02:51 PM
    So is this amend rejected???



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  • satyab7
    04-17 11:16 PM
    I hope others who have not contributed will come forward and contribute.
    I think IV need to explain , may be one more time , why is it important to contribute, to me links about contribution look little old and members who are not contributing may not see them important. I very much appreciate all efforts of IV !!!





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  • satyasaich
    09-13 04:21 PM
    But, can i do a small change that "approximately 500,000 potential buyers stranded to invest around $100 Billions in Housing market(assuming that average price of home @$200,000)"

    In the housing market terms, $100 Billions is a kicker and no doubt a Winning argument.

    This might sound weired..but I think we can get some support from Housing Market !
    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 300000 (average house price) = 150 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY
    Edit/Delete Message



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  • nrk
    10-29 07:16 PM
    Hi Caliguy,
    Please can you send the letter format to me as well,

    Thanks,
    NRK
    @ leoindiano & others....

    I just sent an email 5 minutes back for all emails I got after 11 PM last night. Please check your email, you should have received the sample letter.

    For all of you who have sent me a msg to send you the sample letter and not provided me an email address, please send me a message again with your email address.

    Good luck!





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  • forever_waiting
    04-22 07:26 PM
    eb3chinese.org was the site created. But of the info is in Chinese.

    I had gone through their presentation sometime back and they were basically complaining about how EB india gets most of the spillover and they don't (along with some common arguments about visa recapture, FIFO etc etc.) You should be able to get details from their class action doc against USCIS uploaded on the site.
    when news of this class action lawsuit initially came out, lots of folks on IV were mad at why we were not joining in and that we should launch a barrage of lawsuits against USCIS as well. IV core at that time calmly explained that lawsuit options have been explored and will not be viable but few people listened.
    Anyway a recent update on this forum shared that they lost the lawsuit. So on hindsight we saved ourself lot of time, effort and money.




    Hey forever,
    What is this lawsuit? Do you have info?



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  • shankar_thanu
    07-17 12:21 PM
    Yeah, we have to focus on long term relief. Getting AP and EAD is not a long term solution. I was hoping 'capturing unused numbers' or something better would happen with this July fiasco fix, does not seem to be happening now.

    Hopefully this DREAM act will trigger more amendments like 'no limits on STEM EB visas' to get into pending bills...





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  • days_go_by
    01-29 04:58 PM
    01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007

    * Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
    * The planned implementation day appears to be April 2007. But it can be earlier!



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  • h1b_alex
    03-29 04:14 PM
    @vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

    @bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

    Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum





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  • when
    07-18 04:05 PM
    :-|



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  • anilsal
    11-15 02:30 PM
    The only way to counter this is to get our story out in the media. i joined the forum today and went through a lot of mails on the forum. i saw pappu making appeals to members to help him write to reporters. I saw state chapter threads and only few members have actually signed up for work. see only a handful responded. others simply come on forums and rant. but only few actually do the work. I also observed members critical of Iv or telling IV to do this or that, instead of doing something themselves. My other observation is that members do not contribute money and come to this forum for free advice. Nothing in this country is free but IV is providing this forum and also free advice from lawyers. But members are simply taking advantage of IV and not paying back what they are getting from it. This has been my personal observation. Members we have seen how visa bulletins affect us and demoraliize us. why dont we all do something instead!

    You are hitting the right buttons here! You can say it is either laziness or fright/jitters or the comfort of current H1B approval/stamp that is making the large populace to sit tight.

    Guess what, once some of the battles are won (we can never win all - they will always be ongoing), we should either knight pappu or induct him to "IV Hall of Fame".





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  • anilnag
    03-10 06:09 PM
    Thanks for the excellent info on pending applications. Now we can guess why EB3I is crawling for past few years.
    With regular quota of 3000 per year EB3I (until July 2007) will be cleared in next 20+ years.



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  • gc_on_demand
    03-10 04:48 PM
    One of the IV members has requested me to post this info.
    He contacted his senator to get the total number of pending EB apps for India.

    Please see the response from the senator in the following link. It has pending applications by category.

    http://sites.google.com/site/gc28262/Home/Eb-IndiaPendingApps.pdf.pdf?attredirects=0

    Do we know if this is for I 140 or 485 or both ?





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  • GC08
    02-07 07:45 PM
    Unfortunately, country of birth for PD determination is one thing that cannot change. It is ridiculous that a country like the US that promotes itself as a meritocracy and a country of second chances ties the fate of EB applicants to such an immutable parameter.

    I used to believe in and respect the so-called the American Dream. The more I stay here, the more I see its hypocrosy. ;)

    Whenever I hear someone (esp. those politians) talking about something like no matter who you are, you can always achieve your potential, I just laugh. What a disguise ... what a joke! :D





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  • virald
    11-26 01:32 PM
    Are you saying we will all get our green cards ? :D

    Although I love your interpretation, but i think he is talking about the new EAD fees....





    pappu
    09-29 01:50 PM
    I recently saw one case where an H1B application was reopened. The LUD was updated even after being approved more than a year ago. The reason was that the company had applied for an L1 visa for another applicant and the case received an RFE and all other immigration cases of the company came under review. The new L1 visa case was denied but the old H1B approval for another applicant did not get any denial or RFE. So make sure you work for a good company and have a clean immigration case, else there are some scares along the way.Thanks Pappu.

    I have already contacted my previous employer's law firm and also my current employer's law firm regarding the developement's.

    As you rightly said, each case is different so it is very difficult to generaize. I did google for any similar situation, but found out that all of the cases which were reopened were for I-765 , I-485 and may be as u pointed out for I-140.

    But an H1 which was approved an year ago, I have'nt heard of anysuch thing.

    There has been no fraud, mis-interpretation, complaint on my part and the niether did the law firm nor the US insurance firm...I am confident about that....

    Lets see what the notice says..and I will update everyone of the findings...





    checklaw
    07-19 08:49 AM
    "Quote:
    Originally Posted by azharuddinm
    Pd: Jun 2006
    Reached Nebraska: 7/2 10:25 am
    Rejected: Don Know
    Ck Cashed: Not Yet
    Name of the person signed: J.BARRRET "


    I do have the same name.
    Me too.