joeshmoe
06-05 09:26 AM
Hello!
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.
Cheers,
J.
Note by moderator:
Members can participate in this poll here:
http://immigrationvoice.org/forum/showthread.php?t=6169
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desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Lisap
08-30 04:56 PM
FYI I received my EAD card this morning!!! I know yours are all coming soon! It never updated online it just said that the approval notice was sent- it never said card ordered.
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shaileshkaria2525@hotmail
11-21 08:36 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Tough times do not last; Tough men do! Bring out the fighter in you and you will triumph! Our sincere prayers from my family and I are always going to be with you and your family...
shailesh karia
more...
meghujosh
07-20 08:08 AM
This is my first post here. Even though I've been a member for sometime, I wasn't even aware of these forums. When the July VB fiasco happened, I stumbled upon these forums and I was glued throughout the entire saga. U know what, IV was the only one who gave me any kind of HOPE. I am so thankful for what the IV core has done for us.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Its a shame that we all sit quietly and let someone else pay for our problems. After all, most of us have decent paying jobs here. So I too will pledge $ 100 and I am also going to contribute twds IV's cause.........
I hope more ppl will come forward and do the same.
Michigan123
05-12 01:40 PM
I am waiting for FP .Even I have called TSC having intention to open SR ,i got the reply all files are up to date and they can not open SR for FP ...Files indicate that FP is complete.(God knows what they mean,whose fingerprint they have on my file) ....I have not given any FP so far except at the PORT of entry .
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msp1976
03-08 02:52 PM
Think of it this way..We are foreigners 12K miles from Home...We are here and trying to change the laws of this country...They are listening to us a bit...That in itself is a big achivement.....It is not gonna happen overnight...It is gonna be a long haul and more...Even after the law changes we would need to look out for actual implementation..So you better harden yourself for a long protracted fight...No one promised that this is gonna be easy...You and I have invested so much time ...you and I have no option but to fight it out...
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edd
06-07 01:06 PM
Per my attorney - If the I140 approval came from TSC, you can send your AOS to TSC directly. Hope this helps.
I really don't understand these Attorneys. Its clearly mentioned on 485 form that ALL 485 petitions should go to NSC. period.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
I really don't understand these Attorneys. Its clearly mentioned on 485 form that ALL 485 petitions should go to NSC. period.
And as far as I know, due to awareness and the fact we all are professionals who can go to USCIS site and read the instructions in black and white, we should not just rely on this morons (attorneys.. though there are some good ones around)
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reddymjm
06-12 10:52 AM
I think both Attorney and we will get the receipts. By the way it may be too early to ask but can't control it .. any one got FP notice or EAD's?
Some months back two of my friends got EAD,FP Notice immediately.
If your case is at Texas you can dream about it. You will get FP in a month. Last I heard was EAD in 6 weeks. But you never know....:)
Some months back two of my friends got EAD,FP Notice immediately.
If your case is at Texas you can dream about it. You will get FP in a month. Last I heard was EAD in 6 weeks. But you never know....:)
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jthomas
12-15 11:24 PM
I had been in US for 6 years and has a PD of October 2006, that means i have to wait a long time to get my GC. but i got my back up plans prepared. It tends to irriate me but the only way to solve is to get involved in some kind of activity. I would suggest get involved in IV. Atleast you will feel much better that you are helping a community that lead you to get your GC soon.
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
Days will pass soon. In fact your PD is 2001. not like many others 2006 and 2007
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mahujam
08-04 03:18 PM
I am not current. I possibly cannot get GC at this time.
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chmur
07-28 12:33 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
more...
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abhijitp
07-08 04:04 PM
No postings on the windows of those Bharat Bajars and Cash N Carrys and Kumuds. Can't the i-phone designers and router gurus make Ashas and Abhijeets invisible with some eye catching posters?
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
Something like this would certainly spread the word in at least the indian/asian community.
Also, PERSONALLY send out emails to linkedln contacts/ various yahoogroups/alumni groups you are part of. I just did that.
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tabletpc
12-16 08:51 PM
Being working in a non-cap h1b and in same place for the past 7 years(went to school also here). I am desperate for a new job which obviously will take me to new place.
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
With an EAD and approved i-140 i can't use being single.
had i known 0.1 % of immigration rules 3 years back...then i would not have accepted this non-caped h1b job.
All i need now is not GC...I just need a caped h1b. I can even trade in my GC benefits for this....!!!
But i am not depressed.. i have accepted this has another options for myself.
Consider u r self fortunate to have not got stuck like me....!!!
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Lisap
08-28 03:39 PM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
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gene77
02-06 04:08 PM
Hi Gene,
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
The main two applications you need to file is 1) PR card 2) SIN card.
No, you cannot file for the PR card online and as far as I know same goes for the SIN card.
1) The officer will take down your information for the PR card during the landing process. The picture you sent them will be used for this and no need to take new pictures. However you need to give them a Canadian address for them to send you the PR card. They will not accept a US address and no PO boxes. So I suggest that you give a friend's or relatives's address if you plan to return to the US after landing. After your friend receives the PR card he can mail it to you in the US.
2) During the landing procedure you will receive a packet of documents and it will have information on how to apply for your SIN card. All you need to do is go to one of their offices on a weekday during working hours with your landing papers and fill a form. There too you need to provide a Canadian address.
In addition to these you must bring with you a list of goods you are bringing with you and a list of goods that will arrive later. This is to be submitted to Canadian customs. Then you must bring bankstatements etc proving that you have the required amount of funds.
When I landed I had not applied for AOS. So I am not sure what kind of effect the Canadian PR will have when you return to the US. Hope someone who landed after filing 485 would throw some light on that.
You can return whenver you wish after landing. But you will need some time to file for your SIN card. I landed on a Friday afternoon and came back the following Monday. Why not make a mini vacation of it? I landed in Toronto and it's a great city.
Hope this helps.
a
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mhb
07-06 07:50 PM
Our law firm (Fragomen) actually sent someone directly to Nebraska on Sunday evening to file the docs at the USCIS office there...They filed Monday early AM.
TSC reached 07/02 @ 10.23pm signed by L. Amrstrong
TSC reached 07/02 @ 10.23pm signed by L. Amrstrong
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dtekkedil
07-02 10:39 PM
I'm with you!
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immigration07
05-02 03:02 PM
in contributions and in any thing else... I started contributing even before lot of people here heard about IV.
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senthil1
05-11 07:24 PM
In countries like Europe people need not come USA just for survival as that is a developed country. Also if they have to wait 10 years to get GC then no Europeans will apply GC as GC is not that much importance. USA will lose them. But it is not the case for indians. If you go out of country then hundreds of people are waiting to take your position in next flight in India. May be in future if Indians also does not bother about GC USA will come and give GC fast.
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Why they are not blaming pakistanis? They are small in numbers. In 1990s Indians also were given warm welcome as the number was small and abuses were less. Now over 40K h1bs plus 50K L1s were given in an year. Total number of H1b and L1 are more than 200k. Even most optimistic survey tells that 100k new high tech jobs are created per year that too in good times . Certainly we cannot deny displacement of US workers by immigrants. Now we started justifying this also by capitilism,globalization etc. But basically future of h1b and any other immigration program will depend on USA people support eventhough politics plays a siginificant role. Can we get support of USA citizens for expanding immigration when economy is severe recession?
Thats my point. Why are pakistanis getting green cards and nobody is saying they have taken jobs away from Americans? So many come to US on visa free travel, work 6 months undocumented from european countries, yet they are the first to get the GCs while Indians abuse B1, they abuse H1. How come only Indians abuse everything no one else abuses anything?
Dreamer07
08-09 10:10 AM
if the only way to reduce the backlog of EB3 is to port to EB2, why EB3 category at all. Just remove that category... Maybe lawyer's should come with a better alternative than giving this lame advice. EB3 category are still employed for the past 10 yrs - shows that they are required-then why not fight to get their number of visas increased or the spill over be applied to them equally as to EB2.
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