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  • Soul
    12-30 10:50 AM
    :beam:

    I don't think I'll be voting seen as I'm in the battle lol

    - Soul :goatee:





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  • ganguteli
    03-16 01:44 PM
    Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.





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  • qplearn
    10-09 01:51 PM
    actually, it's not a bad system, at least in India when you pay a bribe things get done. In a crazy way its probably more efficient.
    here you have no choice, stuck in the line with no way out.

    And premium processing is nothing but an official bribe, to expedite your case. But it's an organized system of bribes: first you pay PP for H1-b, then PP for LC (aka Perm, since atty fees are much higher than for RIR), then PP for I-140, but at each stage you pay a bribe and get stuck in another long line at the next stage. Only way out is by paying another bribe.
    So, in the final analysis, which country is more corrupt?
    India does bribes on a small scale, at lower levels of authority. US does it officially thru the govt!

    Money talks in every country, and frankly I dont mind paying the price for faster service, now if only they would introduce bribes for I-485.

    I am sorry, but I have to heartily disagree with this. Bribing is one of the reasons that India is backward. Don't forget that India has millions who don't get enough to eat or drink, and also has some of the poorest people in the world. Massive corruption has helped creat a situation like that. Whenever a person takes or gives a bribe, it is like robbing someone of what they should be earning. When you pay a bribe, you are in a big or small way contributing to poverty.

    Also, I don't consider the premimum processing fee to be a bribe. The money they get is used to pay salaries to their employees legally.

    I have no doubt that the US is less corrupt, and I am glad it is this way!!!

    I guess different people may have different takes on this, and this is mine.





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  • somegchuh
    05-30 03:30 PM
    There are many possible explanations of why they are willing to make changes to accomodate the illegal immigrants.

    off course its the vote bank politics but I think psycologically nobody is intimidated by ppl who come to US and are happy to do low-skilled work. They don't work in high-skilled or unionized jobs. They are largely employed by restaurant, cab-companies etc. These are jobs citizens really don't care for.

    Whereas the job that H1 workers have... most ppl (in theory) would like to have them. It remains debatable how many native-born americans actually want to take hardcore technical jobs.



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  • loudobbs
    12-09 03:12 PM
    Of course I do..:rolleyes::rolleyes::rolleyes::rolleyes:

    :rolleyes:





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  • optimystic
    04-01 06:44 PM
    Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
    There maybe a public USCIS rule / procedures that would confirm what she told me.

    Q) When is the name check typically initiated
    A> Soon after receipt

    Q> Is my name check cleared.
    A> wait a moment..... yes

    I've also explained why Nebraska processing dates moved back...
    1) Transfers from Texas
    2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
    3) 180 day name check rule taking effect -- clean up old cases.
    4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).

    Now could USCIS hide behind name check now?
    Probably not for more than 180 days, because you could file a WOM and win.

    Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.

    A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.


    Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript

    She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions

    1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?

    A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.

    2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?

    A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.

    3) Can I place a Service request over the phone instead?

    A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.

    4) When do you think the Processing dates will catch up with my receipt date?

    A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !


    I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.

    But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???

    I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?

    If not then, whats the point of taking an InfoPass?



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  • wandmaker
    12-15 09:02 PM
    Simple and Short - Unused visas go to the TRASH CAN.

    Good one :)





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  • prashantkh
    08-31 01:26 PM
    We can email the whole report to all the major news corporations, I can email it to Colorado's local media too with the hope that some of them might publish it if not all. Doesn't hurt to try.

    PK



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  • punjabi77
    09-10 11:49 PM
    Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.

    The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.

    There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.

    I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
    - programmer's guild complaining about us stealing their jobs or
    - people losing their home and blaming the banks "for not disclosing terms"
    - anyone who is blaming anyone else for their troubles
    If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.


    I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
    I do understand there are expenses incurred on the employer side too.
    Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..





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  • vinicola78
    11-04 03:30 PM
    I have called him for issues a number of times not related to AC21 and he answers all phone calls. In fact, I called him atleast 4 times before I actually handed him my case. RK on the other hand charges per second. I paid him 600$ for a 20 minute phone call and he did not tell me anything i did not already know....Rip off!!



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  • glus
    01-24 07:48 PM
    contributions have to be voluntary.. finger pointing would be of no good & on the contrary will be counter-productive..

    I do not this it is a bad idea to post it, it is just that can someonce show me the benefit of showing that , for example, member A contributed $200 and member B $100?

    I am open to discusion about it......





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  • Iamin
    05-28 09:04 AM
    Same thing with me. I have mailed my EAD renewal application to phoenix lockbox on 19-May. Checks not cashed and no email from USCIS yet. Not sure what's happening and why the delay.



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  • leo2606
    12-27 07:13 AM
    Hey, thanks for the info.

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  • eagerr2i
    07-10 01:10 AM
    The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.

    It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.

    One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.

    Over all, in my opinion, it was a good program and served IV's agenda.



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  • abhaykul
    03-27 09:40 AM
    Source: Immigration-law,
    Senator Durbin apparently going after Desi employers and Desi Outsourcing companies !

    03/27/2007: Continuing Confusion in Immigration Reform Legislation

    It is only one week that the immigrant community was elated by the introduction of a fantastic immigration reform bill (STRIVE) by Congressman Gutierrez in the House, but on the Senate side, there is a mess that is continously developing. We reported earlier that the two bipartisan leaders of Senator McCain and Senator Kennedy reportedly rifted their partnership. Now, another Senator is about to add confusion to this mess. News report indicates that Senator Durbin of Illinois may introduce within this week a legislation to put a block on the H-1B abuse and restrict the H-1B worker petitions. This move is totally shocking considering the fact that a rosy H-1B reform was just introduced as part of the STRIVE Act of 2007.
    Reportedly, Senator Durbin will propose to make it mandatory that the employers engage in the recruitment of U.S. workers prior to filing a H-1B petition and file sworn statement in the form of attestation that they failed to locate a qualified U.S. worker as part of the H-1B petition. Currently, such attestation is mandated for the so-called H-1B dependent employers only. Additionally, the proposal reportedly would mandate the DOL's annual audit of the employers hiring 100 or more employees out of which 15% constitutes H-1B employees. Once such proposal is enacted, there will be substantial changes in the flow of foreign professional workers. At this time, H-1B visas lay a stepping stone for foreign professional workers to land in this country and to apply for permanent residence.
    The late news that the FY 2008 H-1B cap may reach in one day on April 2, 2008 indeed raised a concern in the country as it can be taken as a pervasive abuse of this visa petitions by some employers. Part of the current clog in the employment-based immigrant visas for professional workers is arguably associated with the abuse of these visa petitions. Please stay tuned to this website for the development of this important news.





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  • ameyzzin
    08-21 01:39 PM
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  • addsf345
    11-11 06:23 PM
    Some ppl prefer to have local attorney in case they want the attorney to accompany them if & when CIS calls for personal interview.

    any other person who has dealt with or heard of this lawfirm?





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  • desi3933
    03-19 05:49 PM
    Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.

    Thanks for sharing your "2 cents" opinion. I understand this is coming from a person who used the term slave for his H-1 job condition.

    You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.

    If H-1B is denied, then you are out of luck. For that reason, I have mentioned that file H-1B premium, and join the new job after H-1B approval and you will have "peace of mind" in that case.

    Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.

    Read for yourself and get en-lighted.
    http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2008/May302008_01D2101.pdf
    [From the pdf link]
    ...to ensure that alien beneficiaries accorded H status have an actual job offer and are not coming to the United States for speculative employment.

    When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?

    It is more than just educational qualification. The job has to be specialty occupation and employer has to define job duties in detail. Each H-1B petition is treated independently.

    I advice you to read [dot com] articles which sometimes point out that USCIS document were not clear

    Lawyers are entitled to opinion as well, just like anybody else. After all they are running business. FYI, I am not on visa anymore.


    ________________
    Not a legal advice.





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  • raysaikat
    08-18 02:54 PM
    Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.

    Did you register the marriage in the first place (I am not sure if it is a requirement in India, although most people do register their marriage)? If you did, then you or your (or your wife's) parents should have a marriage certificate that you got at the time of your marriage.

    Anyway, all you can do is to take the commonsense route:
    (i) Try to get the marriage certificate. It should be easier to get marriage certificate than Birth certificate since it is a more recent event. Moreover, as far as I know marriage records are public records; anyone (and thus your parents) can get a copy of the record from the local municipality. It is probably the clerks who is asserting their *importance* at the crunch time by not giving you the certificate what they can find in 5-10 mins.

    (ii) If you cannot get the certificate within the deadline, send whatever evidence you have; wedding photos/videos/invitations, affidavits from your and your wife's parents, etc.; and ask for additional time for getting the actual certificate. This ought to buy you a month or so.

    A digressionary question: if you do not mind, could you kindly briefly state your qualifications (publications, citations, patents, grants, TPCs, etc.) and the list of evidence (e.g., how many letters and from whom) you supplied for your EB-1 application (I-140) [I am assuming that it is EB1-OR]? I will also be in that boat shortly...





    CRAZYMONK
    08-04 08:38 AM
    Congrats for the painless Visa stamping.

    If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.





    Michael chertoff
    04-11 11:41 AM
    How much money is being raised and how it is being used ?

    How much money you have donated?



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