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  • raju123
    02-12 11:25 AM
    I agree with a_yaja,

    We all came from H1B root. We pass that barrier and want to shut gate!!
    This is not fare. Remember, when some people have opposed I 485 filling provision in Feb 15, many of our members hammered them with selfish label !

    How come we suggest to stop H1B?


    It is amusing to see that there are quite a few people who want the very door closed that they used to enter. It is even more amusing to see that the fault is always someone elses. It is similar to all the people who are opposed to immigration because it is someone elses fault that they are losing their job. Down right funny :p.

    We need to focus on solving our problems without blaming others for our problems. Because once we go down that lane, we are no better than anyone from NumbersUSA or any other organization/ people who are against immigration. It is OK if we do not support increasing H1B - but saying that the H1B program needs to shutdown is not correct. I am sure that one can reason in the same breath that the EB3 category needs to be eliminated so that retrogression can truely be eliminated :eek:




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  • needhelp!
    02-11 01:09 PM
    ~WE NEED 23,474 MORE LETTERS~




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  • snathan
    01-13 02:59 PM
    I believe we are wasting our energy here. Quarterly spill over is already a law and we need to make DOS/USCIS to implement it. If we have some many people are ready to sue USCIS on country quota issue, why dont we use that energy on the low hanging fruit...

    You may argue that only EB2 will benefit...but once EB2 become current, its going to spill over to EB3.




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  • bigtime008
    07-18 11:11 AM
    I got intrigued about bigtime. Looked something up. Here is his post

    http://immigrationvoice.org/forum/showthread.php?p=84985#post84985

    Note, posted on 06-16-2007.
    "How long has your case been pending? My case is pending for only one month, not sure if my lawyer and employer will send email for me."

    Which case is pending? LC? PERM? ONE MONTHS? Is this a BEC victim?


    Frist, sorry for the confusion. I do have a 05/2007 PD at Atlanta PERM center. I came to the country in 1999 for grad school, started working with OPT in 2001, converted to H1 in 2002, laid off in 2002, started working again in 2002 with a new employer, filed labor in 2004 and got stuck in BEC ever since. The employer refused to file PERM, so I had change to a new company in 2006, and had PERM filed in 2007 and got stuck there again. Your are right, I am technically not in BEC, but psychologically I always feel I am in there.

    I did not know what was 'disruptive' and 'inappropriate' about what I said. This is a board for BEC victims, so BEC victims are not allowed to express our frustration? I just expressed my depress and my concerns over how much this will retrogress the PD without targeting anyone. When tons of people run in front of our queue and shut us out in cold, we are supposed to 'enjoy the moment' with them? If so, when USCIS said no one can file 485 on July 2nd, why none of the people enjoy the happiness with those who already filed, because that will make their processing time much faster. People said we should feel happy for those who can file, because they now can get EAD/AP for their spouses, as if our spouse do not need EAD/AP. And as a result of this total mess, I don't think we'll have hope in another several years to see the date current.

    IV core keeps telling us, BEC is always on their agenda. Really? If they did not even understand our pain and consider our frustration a disruption to people's happiness, how can we expect them to help? I still think IV is a great org, as it's the first such organization to speak out for legal immigrants. But when it comes to BEC victims, I did not see IV changed anything, or intend to change anything.

    btw my original ID is still being banned



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  • harsh
    03-17 10:41 AM
    I also do not understand why H4 are not eligible for work permit. I think when they passed H1b, they did not lobby for H4's to have work permit as they probably did when they introduced L1/L2 and E1/E2 visas. The onus is on us H1b holders to ask for H4's to have work permit. So I hope IV adds this to their list of goals if it is not already one. Lot of people understand that current H1b limit is not enough so this could be a good option if they are reluctant to increase the H1b cap.




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  • avi101
    04-05 11:32 PM
    With due sympathy for affected folks, you really can't blame US govt for this. The law had H1B with dual intent and work constraints based on LCA and H4 as a dependent visa and not eligible to work.

    Why? I don't know. Is it fair? Maybe not if you consider that L1 dependents can work but US govt did not have such provision for H1B dependents.

    But that has been the law even before you got married and came here. If you did not know that you can't work on H4 then it's your own ignorance. Blame your spouse for not mentioning it to you or blame yourself for not asking that question or blame ignorance that you were not aware that would happen. There have been spouses who came here on H4, transferred into H1 because their skills were marketable (Marketable in the sense that companies (not body shops) were willing to get into the hassle of an H1B) or chose to pursue further studies, arming themselves with an US degree and made themselves marketable. Some took up unpaid internships for a while, thereby gaining experience, and when the opportunity presented itself were able to get an H1. some others took up volunteering jobs nearby.

    Frankly, US govt is not responsible if you did not do your due diligence before getting married.

    Now, that said, I think it would be great if H4s are allowed to work considering that so many are well educated and possibly skilled and trained. Take up the cause and enlist more people and try. Nothings impossible. Good luck.



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  • thomachan72
    06-10 08:27 AM
    I have a question in case any experts come back today to visit this thread.
    Its reg the point system. We get points for employer sponsorship and number of years of US employment right?
    1) If a person has been working here for 4 years on H1b in STEM decided to leave to canada this week. He then comes back lets say in 2008 or 2009 and then wants to apply for GC. Will he get points for the previous 4 years, even though there was a break in service (canadian trip) for 1-2 years?
    I need to know this because I am contemplating moving to canada (my current employer has filed for LC, which I will then be nullifying). Ofcourse I intend to renter after 1 year or so.
    2) My seccond question-- I am also planning to start a new GC before leaving to canada. Can GC application proceed while you are out of the country? If so until what stage?




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  • desi485
    09-29 05:39 PM
    Experience with Air India

    It is with great shame I bring out this piece to you about how Air India is using the "India" tag by cheating its innocent citizens and show its ugly real face. I have never seen anything so unprofessional and have no hesitation to say they are the worst airline in the world.

    Passengers:

    Father-in-Law (FIL) and Mother-in-Law with baby

    My in-laws were returning to India via Air India on September 24th from EWR (Newark, NJ) airport after brief US visit.

    Ticketing Experience:

    We started the whole process 1 month earlier and contacted Air India (1800 223 7776) about the booking. First we got an answer saying that the class we booked in is full and we have to pay another 40$ per person for another segment. For that we had to call another AI booking# and after 40 mins on the call could reach an agent. We
    got new confirmation #s and when asked for the basinet seat was told they could not see the seats and have a special request sent and asked me to call back in 3 days to confirm. We called like 5-6 times and everytime were told they cannot view the seats and when asked to see for seats in another segment or another date, we were told to
    re-book again and then ask for seats. How on earth could an airline not see available seats in its aircraft.They have taken customer service to new digraceful level.I roped in my brother in law to go to AI office in Newark and try with an agent directly. Even after
    going for 2-3 times directly to the AI office, my BIL failed to secure us the seats. After all the tries we were ultimately told to go to the Airport sooner on the travel date so we can get a basinet seat.

    Journey Day:
    On the date of the travel in-laws reached at 2:00 PM at the airport in hopes that they will get a basinet seat. The agent gave them a hard time and we had to go back n forth 2-3 times for getting the seats confirmed and have in-laws and baby seated together. I think the whole ticketing at the aiport is being handled by a third party who
    are doing a horrible job. My FIL in the meanwhile buys a gift at the custom notified shops at EWR.The flight which was to depart at 6: 20 PM was ready for take off when all of a sudden the pilot says there is a technical problem (God knows what would have happened had the flight taken off). The flight returns to the gate and the passengers are told to wait until they fix the problem. They wait for 2 hours and are asked to then wait in the
    boarding area until they really look into the technical problem. (In the meanwhile we hear on Indian TV channels that there is a Pilot strike going on in AI regarding Pilot pay package which adds to our tension). The Air India (airindia.com) website is for show off only with few flight images and had no flight status. We immediately call the AI office in Newark who have no-clue what is going on. When I asked the problem they said it is confidential and cannot be told:(. Eventually all the passengers are told that the flight has been
    cancelled for the day and should return the next day and all the checked in baggage will be returned. My poor in-laws with baby had to return back and reached home at 3:00 AM in the morning.

    The next day:

    The next day the whole scene repeats again and we had to deal with the irritable AI ticket agents who say they are missing something at their whim. We were able to get a basinet seat this time also and happy we were all set for the 6:20 PM flight. This time we gave my FIL a pre-paid cell phone. The same thing repeats again. This time they wait in the boarding area and are told that the pilots have gone to repair the earlier (Sep 24) flight which had an issue. They wait patiently until 10:15 PM. We were all tensed here
    and were expecting the flight to be cancelled this day also. No body from AI was available this day to pick-up and explain what is happening. The call re-directs to India who have no idea about the flight status in US. My FIL eventually calls at 10:30 PM and said that they will be boarding soon.

    Frankfurt stop:

    The flight has a stop at Franfurt and the passengers were asked to go to another terminal
    for boarding the same aircraft. They had to go through the security check again and to my FIL's horror, the gift he bought at EWR duty free shop was not allowed and removed. When he showed the receipt they said that the gift has been bought in
    US and cannot be allawed into the aircraft. :(Air India where are you and what a Maharaja experience.

    Worst website ever:

    In the mean while we keep checking the AI web site which I think is one of the worst web sites I have ever been to. I think that this contract is also being awarded to some third party with crores of tax payer money. we were looking for schedules of flight which departed on Sep 25 from Newark airport and here it shows th schedule of the 24th
    flight.

    Customer Service in Mumbai:

    We tried to track the flight (if flightreached Mumbai) by calling AI desk in Mumbai. They had no idea and after repeated calls could reach an agent who made some research and
    told that the flight has reached Mumbai and gave further schedule of the flight.

    Flight reaches Hyderabad:

    The flight reached Hyderabad after change of flight in Mumbai.

    Luggage:

    Some of the luggage was missing. To our horror the bags we got had stuff from some other people's bags. Please leave the luggage Air India.

    Summary:

    What a mess Air India. You have taken advantage of the "always yielding" Indians who prefer you for a home experience. Please remove the word "India" nd the "Maharaja" symbol as you are no longer fit for that.

    Everyone makes mistakes. e.g. You are a veteran member (Join Date: Jan 2006) with IV and yet you posted this thread in wrong forum ..!!!

    (Immigration Voice > I-485, EAD/AP application, renewal and related > Self-filing, documents, forms, directions, mailing. > Horrible Air India).

    Why you expect that others MUST BE PERFECT when you are not? :p



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  • reachinus
    07-20 11:25 AM
    Hi,
    1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

    Here are my questions.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

    Thanks in advance.


    Here are my answers, may be wrong use it at your own risk.

    1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
    No u cannot. Since u said the valid date is from Nov 07.

    2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
    U have to leave the country and re-enter agin so that u will get a new I-94.

    3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
    I don't think its possible, may be worng.

    4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
    Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.




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  • delhiguy79
    07-23 06:06 PM
    Just being paranoid, but is 797 the number for the "receipt notice" as well as notice of action? I know that when H1 or 140 is decided, the notice of action form is called 797. I know that the USCIS seems pretty clear in the FAQ, but just wanted to confirm that a receipt is also called 797

    ..



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  • senthil1
    06-30 05:45 PM
    I think lot of people feeling that it is very difficult to pass Senate version CIR(May be they will pass house version now and Senate version later).
    That might be reason for Skil bill. But any bill which has permanent increase in immigration will face a big opposition and delay of few weeks to few months to pass. In past 2000 the h1 increase to 195k was passed because that was temporary and eventually Cap was back to 65k. Similarly for GC unused other country quota was used to India and China. So everyone got a relief without much oppostion. Beacuse they were able to convince all congress members that no change in Cap of immigration. But skil bill is having permanent increase of GC and H1 and also exemptions will increase further immigration numbers. Though it is a permanent solution to resolve retrogession of pd it will face big oppostion from anti immigrants.




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  • indyanguy
    06-25 05:02 PM
    The LUD on my EAD app is 06/16/2008. I hope they forget about it for another week ;)



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  • redddiv
    07-17 09:03 AM
    It looks like some lawyers maybe posting messages about their law firm here and advertising here, or asking their clients to advertise about them on the forum and get discount. So I guess we should only trust senior member postings and trust the postings where people talk about bad lawyers

    I second this opinion




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  • needhelp!
    01-06 12:27 PM
    Last update from IV Core about administrative fixes talked about EAD duration being extended to 2 years, but never saw anything about 2 year AP decision (It would have been good though).

    I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?



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  • msyedy
    05-31 08:20 PM
    Is there a way out... (Mandwaali nahee ho sakti) any compromise in this compromise immigration bill.
    Or
    We forget the who CIR thing and plan for something else.


    There are uglier things than sausages being made. For example, when Bernie Sanders gave a 30 minute speech to increase H1B fees and make H1B program useless, he brought a big chart and the whole enchilada to try to prove that H1B depresses wages.

    However, in the starting part of his speech, he said he supports the bill.

    The bill brings in 200,000 guest-workers each year (it was 400,000 before Bingaman amendment). However, according to him, that is just fine. When guest-workers come to US in numbers like 200,000 then they dont depress wages of the lowest income group in America. However, when hi-tech workers come here they depress wages.

    This is the kind of logic from people like Bernie Sanders and Co. that is uglier than watching sausages being made. Watching sausages being made might hurt your eyes, but this kind of logic hurts your head and can damage your brain's neurons.




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  • m306m
    06-01 02:10 PM
    Here is my additional $100 at $10K

    Payment Sent (Unique Transaction ID #87S89896CF896250C)


    Original Transaction
    Date Type Status Details Amount
    Jun 1, 2010 Payment For Immigration Voice Completed ... -$100.00 USD



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  • LostInGCProcess
    05-30 03:20 AM
    It is terrible that AF treated its customer like a piece of Shi$. I have never flown nor shall ever fly in that crap airline.

    I would like to suggest one thing here. We (Indians), mostly, and I dont mean to generalize here, don't bother to "WRITE" letters to the company to express our dissatisfaction or frustration. Partly to blame for this attitude is because of the system we grew up in India where even if you complain we don't get any response, mostly. The customer service is lacking. So, in that mind set we most often feel its the same with other countries.

    But I strongly feel, sending a letter to express our outrage would definitely bring a positive change. The Govt. of India, should intervene but, lets not keep up the high hope, its not going to happen....they are all busy making money to buy land, home, comercial complex, marry their daughters and sons extravagantly and endless greed. So, realistically, the Indian Govt. is not going to intervene. Shame on them!!!

    Moving forward, I strongly urge all the folks in this thread who had a bad experience to write to AF and vent out your frustration and pledge not to fly with them ever again, and those of us who heard this story, just send an a mail to express the shock and question if we could also face the same situation should we decide to fly in AF.

    The poster who send a mail to AF with the "B" word, I applaud him. He even got a response!!! Wow!! that's the magic and strength of writing. Trust me it works. Just write to the airline, expressing or venting out your frustration. Just one line is enough, if you think its not worth the time.

    I felt like writing this comment because I don't want to be discriminated or treated differently(badly) because of my ethnicity or color.

    So, my friends, please go to this link (AF Suggestions page) and let them know your feelings.

    http://w3.airfrance.com/US/en/local/transverse/frame/genericIFrameAuto.htm?url=http://webforms.airfrance.com/commercial/afwebforms/us_en/webforms/suggestions/index.htm?frameHeight=1300&menu=false&BV_SessionID=@@@@1326711467.1243666553@@@@&BV_EngineID=ccdcadehgiemfficefecekedgfndgfl.0&returnurl=http%3A%2F%2Fw3.airfrance.com%2FUS%2Fen% 2Flocal%2Ftransverse%2Ffooter%2Faide_et_contact.ht m%3FchaineLien

    I have already send an email...I'll post the reply (If I get one).




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  • jonty_11
    11-08 04:56 PM
    latest from CNN:
    WASHINGTON (CNN) -- President Bush set out a new approach Wednesday in the wake of what he called a "thumping" for Republicans in the midterm elections.

    Immigration and minimum wage measures are areas of common ground to discuss when he meets Democratic speaker-to-be Nancy Pelosi later this week, he told reporters at the White House.




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  • starscream
    06-26 12:16 AM
    Per AILA:...2 BIG 'IFs'

    Majority Leader Harry Reid (D-NV) has scheduled a procedural vote on a motion to proceed with the Senate immigration reform bill (S. 1639) for Tuesday, June 26, 2007. If the motion passes with 60 or more votes, senators will begin debate on a negotiated list of 24 amendments, split evenly between the two parties.

    Debate and votes on the amendments will continue until the morning of Thursday, June 28, at which point the bill will be put to a second procedural vote to limit debate. If it passes with 60 or more votes, the Senate will have 30 hours of additional time to debate and vote on the outstanding amendments. If the bill survives this procedural gauntlet, a vote on final passage could occur late on Friday or possibly Saturday.




    snathan
    03-21 04:07 PM
    Again, Thanks a bunch Desi3933. My case is pretty much same as 'Scenario 1' in this Murthy document.

    Desi3933 cleared the 99% of the cloud surrounded this issue by pointing to murthy.com (I maintained valid status with 'Employer #2' and this doc says I am good to go). Thank you very much Desi3933.


    Apologize for extending the topic....but one of the 'still open' question is what if the Second Employer H1B is 'NEW' and what if it is 'Transfer'.
    Murthy document does not say about the Company B H1B is NEW or TRANSFERRED.

    If New H1B and Transferred H1B are same....then problem is solved.

    Many of you here said both are same. I assume so too. But, we haven't proved Gapala is wrong yet (no hard feelings gapala. it is not my intention to hurt you). if 'NEW and TRANSFERRED' are different, Murthy should have mentioned in her Document, but she did not do that. So, can we safely assume, that 'NEW and TRANSFERRED' are same.

    Thank you everyone who responding to my post.

    Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.




    piyu7444
    03-20 10:01 PM
    Thanks piyu7444.

    Yes there is and it is called visa portability. :)

    Ok, Here's the law says about so called "transfer"

    D. AC21 105 -- Visa portability
    The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:

    (a) the nonimmigrant was lawfully admitted to the United States;
    (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
    (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

    The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.

    Further it says,

    The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.

    There are few other memo's on this I will try to post the links for reference

    Good information but 'transfer' is a widely used word which is technically incorrect. "Transfer" never happens, its always a NEW PETITION when one switches employer or applies (through an employer) for authorization to work for new or 2nd employer. Probably 95% immigrant community including lawyers use the term 'transfer' but it is indeed incorrect.



    Thanks to all who shared knowledge and pitched in.



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