Rabu, 15 Juni 2011

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  • Mayday
    03-30 08:02 PM
    oh and yes, it is easy to file a claim with DOL on your employer - since YOU paid the fees employers has already did bad.
    the form is WH-4 - http://www.dol.gov/whd/forms/wh-4.pdf

    here is the article on this matter - Underpaid the Prevailing Wage? 5 Reasons an H-1B Employer Should Settle Your Complaint � U.S. Business and Immigration Law (http://vkvisalaw.wordpress.com/2008/11/14/underpaid-the-prevailing-wage-5-reasons-an-h-1b-employer-should-settle-your-complaint/) - it is about underpaying, but it contains other things important to you.

    you may actually settle an agreement with this employer, so that he pays you paystubs you could use for H-1 transfer so that you do not go to courts. But have a lawyer involved in this.





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  • ek_bechara
    08-13 06:37 PM
    http://en.wikipedia.org/wiki/Ad_hominem

    Attack the argument, not the argumentor.


    Is that from your PhD course work homie? Clearly you dont have an argument because an argument is based on facts. I need something to attack so I'm picking on you.

    Always remember: We stand together and thats the only way we will ever build a Indian strong community in US of A.





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  • greencardvow
    10-12 02:27 PM
    I took infopass for the Case Status:
    Case reopened or reconsidered based on USCIS determination, and the case is now pending
    Looks like my previous employer had revoked the H1B. So this was for my previous H1.





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  • h1b_alex
    03-29 04:58 PM
    @bugs
    Yes i do have the entire H1B application in originals with LCA and offer letter from employer

    @HRPRO
    Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again

    However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.



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  • nc14
    09-17 01:55 PM
    I dont see this going anywhere. Looks like we will be stuck on HR6020

    2nd order amendment -seems related to illegal immigration and deportation of convicted criminals





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  • bklog_sufferer
    06-07 08:59 AM
    Well said logiclife, I can't agree with you anymore and must say that I thoroughly enjoy reading your posts.:)


    Is immigration a right? ABSOLUTELY.

    Well, over the past few months we have heard a lot of sound bites like �Immigration is a privilege, not a right�. �We are a country of immigrants but we are also a country of laws.� We will see about that in moment when we look at history and find out how lawful immigration has historically been.

    Let�s focus on one thing sorely missing from our community: The sense of entitlement.

    A lot of employment based immigrants in this country, legally here, on H1, L1, J1 etc. have asked themselves, �What right do I have to ask for change in laws or relief from congress? I am not even a citizen. Lobby congress? As an alien? Are you kidding me? Do you want to get deported? Do you realize you are going �against� the Government?�

    Therein comes the lack of sense of entitlement.

    First of all, legally speaking, there is no distinction between the constitutional rights of citizens and the constitutional rights of those who are non-citizens � legal or illegal. (Non-citizens are also called �aliens�, but I refrain from using that word whenever I remember coz none of us look like characters of Star Wars and we are not green-headed animals with 6 limbs, so I don�t consider myself an alien just because I was born somewhere else on the same planet).

    Second of all, as a person within the jurisdiction of the United States, the first amendment actually prohibits the congress from making any laws against stated rights � one of which is the right to petition the Government for redress of grievances. So not only its legal to do what we are doing, it unconstitutional to pass a law to make it illegal for us to petition (or lobby, advocate, litigate) government for a redress of grievances. And that first amendment isn�t changing, coz to change it, its going to need two-thirds of US congress and three-fourths of states to back it. And we all know, how lucky we are to have 51 senators agree on the fact that sun rises from the east.

    Earned Right or Birthright?

    The fact that you are here and you are here legally and working with the system to earn immigration is something you should be proud of. Not guilty of. If you treat yourself as guests, the government will treat you like a guest. I would rather treat myself two times the citizen. Why, coz it simply much harder to earn a citizenship than to be born into it. I believe that not only we deserve fair and speedy immigration, but also when we do become citizens we should have the privilege to give two votes in elections. Now, I am not trying to display chutzpah here. I am going to back up my claim with reason. See, a lot of us came here 5-10 years ago with almost no money. Many of us never received any formal education in America. However, we have been able to survive and keep a job in this country, even during the stock market crash of 2001 and the economic recession after that. No small feat. We are the last ones to leave the office at night (Actually, that is true for both legal and illegal workers, coz the legal computer programmer is still coding Java at 7:00 PM while the illegal janitor starts vacuuming the office). We relocate across states as-if its relocating 2 traffic lights away. We adapt to different employers, we adapt to all employers. And all these without driving down the wages. Yes, it�s true. We don�t depress the wages and we don�t steal jobs and the labor certification is designed to prevent that and it�s working. We all know how great its working and how intense the process is, especially those who are stuck in Philly and Dallas backlog creation centers.

    So, to sum it up, we have twice to right to petition the government for a redress of grievances, twice the right to everything. It�s an earned right, not a birthright. Our natural instinct should be to exercise the rights we have earned. If we cannot do it now, we are not going to really make anything out of citizenship of Greencard that we are pursuing.

    And coming back to the sound bites about privileges and �Nation of laws� coming out of Washington today, let me say this: The pilgrims, who dropped anchor near Cape Cod in 1620 didn�t go through a port of entry and get their passports stamped and their I-94s stapled. I don�t think the Indians were waiting at the coast of Virginia to stop immigrants. They just came. And they settled. And they called it home. No priority dates. No visa bulletins.

    So you see, what really matters here is whether you feel you are entitled to something or not. If you don�t feel entitled to a fair immigration process that does justice to those who seek legal ways to immigration, then you probably aren�t entitled. To ask for something, you must first believe that you deserve it. And to show that you deserve it, you must ask it loudly and clearly from rooftops. Don�t predict visa bulletins, but work to change and influence the visa bulletin 6 months from now. And no, you wont be deported for exercising that constitutional right.

    �Our ancestors ... possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them.�

    � Thomas Jefferson (1743�1826, 3d President of the United States, author of the Declaration of Independence)



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  • trueguy
    08-27 11:43 AM
    Based on this poll, can somebody predict EB3-I movement starting Oct'2008?

    The dates moved from Apr'2001 to Nov'2001 last year when EB3-I didn't recieve any spillover. So what would be the movement when new year starts?





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  • number30
    05-08 07:14 PM
    Congrats DESI

    US citizenship is a final stop for most/many immigrants. Post Sep 11, there has been a surge in nationalization applications because technically GC is like a long term visa to stay permanently. Therefore there is always a risk of losing GC because of DUI or other trivial or accidental issues etc.

    Also post Sep 11, a lot of govt/sensitive projects that were available for GC only have been restricted to US Citizens. You lose a significant chunk of the available jobs market if you are a GC holder in the Maryland/DC/North Virgina area. In fact I know a lot of GC who kept their old passports but because of these hassles eventually decided for Naturalization.


    Yes that is the one reason. Moreover i can get the Indian citizenship back by staying in India for 5 years on OCI card or PIO card. It is that simple. But Once i go back to India coming here is big problem. So I planned to take USC and Do an R2I later whenever i need or I want.

    This week i became an USC after 9 years of stay in US. I can retain USC and stay in India. Came to US in 2000. Applied GC in 2002 Jan got the green card 2003 December with EB3

    funny thing is While starting the Interview officer said " Oh you are a new immigrant" . I said I am here since year 2000. Officer replied you have just completed 5 years on Green card.



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  • krishna.ahd
    02-13 02:40 PM
    Logiclife. I know why you are responding to these comments you all are frustrated with such comments. I know it is hard to not respond but please ignore these asinine comments. Please have some of these comments linked to the main page. But believe me "barking dogs seldom bite." Such people will ultimately sap your energy. But, just like how IV is asking people to contribute please also ask them to use their own judgment, they do this at their own risk. There are many people like us who have faith in your group although we know you cannot do miracles. Please have faith and I sincerely request to all members & moderator that once we see these comments let us move this to the some thread called “IV bashing thread” and let the rest of us completely ignore them.
    Logiclife
    I completely agree with eager_immi.

    People need to understand that we dont have 'Harry Potter' as our core member, We have set up our goal and we try to achieve the same with united effort.





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  • p1234
    10-02 11:34 PM
    Guys,

    Please refrain from fighting on EB3 and EB2 issue. We all know how difficult retrogression has been to every one here. As some one has already said, If interfiling was so easy and every one was fortunate enough to file another Labor/140, EB-2 would have been in 2002 or along with EB-3. AFAIK, Interfiling is some thing the law allows and as long as one does what the system allows and is not gaming the system, its perfectly fine. Don't rub salt on others wounds. Do what you can to improve the system. IMO, the backward movement was a knee jerk reaction to the false demand, shown by USCIS with a huge movement in PD. As you may know, this is purely demand and supply based DOS will move dates forward as soon as they realize that there is not much demand. DOS keeps track of all visa number requests and approvals based on PD's. The problem is DOS just does not know how many applications are pending per country per category to stop the back and forth movement of dates and make the date movement strictly forward. DOS clearly made this a requirement in OCT 08 bulletin and lets see what happens in the next few months. 2nd Q will be key as the over flow will start to trickle based on demand in EB-1+EB-4+EB-5

    Your point is taken, no more flames after this.



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  • RoseDenver
    07-18 12:00 PM
    Hello,

    I am new to IV and am just starting to read some of the blogs. I figured I could use some advice from you all since I'm at a point of giving up hopes. I am on H-1B visa through my employment at a university (as a Professional Research Assistant), but working at a non-profit organization (NPO) who funds a research project between the two entities. My H visa is reaching its max of 6 years in Jul 2008. The NPO would like to keep me beyond that and I've told them about the PR petition. THe problem is my position will be based on funding availability, in which they could guarantee employment until Mar 2008, and are working towards raising more funding beyond that period. Is the NPO still able to file a PR petition for me? What about the "ability to pay" which they use to hold back on pursuing the petition?

    Thank you all for your inputs.





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  • subba
    01-30 08:25 AM
    Since the company can't reuse my LC (and hence my PD) if I leave after getting I140 approval, does this mean the feasibility of porting PD after I140 approval becomes better?



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  • alterego
    10-06 10:01 PM
    Property prices will soften worldwide. Though as someone pointed out many purchases in India are not credit based, so it may not be as bad there as there would be limited forced selling, though from what I have heard sales have and will slow markedly, another point to consider is that India has a population pressure like nowhere else in the world, as long as people can buy they will continue to do so.
    It is also the case that the Indian economy is very much dependent on the US economy as much of the exports are to the USA, but the domestic economy is stronger than China. India can and perhaps will spend their 300 Billion dollar reserves in this down cycle for infrastructure development projects which should keep the domestic economy going.
    An interesting thing is that the Indian Rupee is falling vis a vie the Dollar. I've heard it is because of hedge funds and other investors liquidating Indian assets to bring them back to the US where they have more pressing needs in a rapidly deleveraging system.
    I would say that Property prices in India have adjusted downward by 15% or so already and will perhaps go another 10% but maybe not much more. I'm also hearing that the bigger hit is in the above 35 lakh properties, below that prices are holding up better.
    Additionally if you are planning to buy from your savings/borrowings in the USA then you could benefit from the exchange rate, which is already nearly 25% better than a few months ago. Especially if you consider your situation shaky in the USA, it is an option worth considering. Given the US authorities can't seem to make up their minds whether they want us here, I can't see the sense in buying homes here, atleast buying there, you can ride out a market.





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  • vine93
    01-05 11:19 AM
    Posted my Story too including Buying home and visa recapture.



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  • rongch60
    10-29 04:43 PM
    caliguy

    Could you please send me the letter that you sent to Sec. NAPOLITANO-. My e-mail address is rongch60@gmail.com.

    Thank you.

    Ron





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  • senthil1
    05-24 04:43 PM
    I think there is something wrong in lobbying of pro immigrants. Anti immigrants Convinced many Congressmen with facts and numbers that H1b wages are less than US workers. Pro immigrants should have collected accurate information about wages to counter their claims.



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  • GIDOC
    07-17 11:39 PM
    Signed.





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  • kshitijnt
    07-17 10:29 PM
    Since Visa numbers trickle down, the more visa numbers there are available, the more will trickle down to countries with high demand... recapturing visa numbers might be easier than taking a poke at per country limit.. IMHO...


    I am thinking about future generations as well.

    1) Remove per country cap.
    2) Remove dependant number count

    Recapture of visas is good but its only 1 time thing. Unless its automatic recapture by law.





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  • jamesbond007
    09-26 05:44 PM
    Admins,
    Thanks for your time and effort. But I believe your time could be utilized for other better causes than monitoring the comments made by the users by using the anonymous green/red dot system.

    This internet forum is already anonymous for all the posts being made. Thjere is no way someone can tie a userid to an individual. Then why a separate dotting system that ends up eating your time when someone complains?
    Someone's red dot feedback is only his/her opinion of the post; the same post could result in someone else's approval via a green dot.

    Just let that feedback hang out there in the open along with the reviewer's ID.
    Hopefully, by keeping it in the open, it will also make one to be more responsible in their choice of language while providing feedback.

    This may not be a simple change of a switch/flag. But please consider it for the future enhancements of the site.


    Thanks Lasantha for all your help. Even after getting your green card you continue to participate and help others in this struggle. That is Great. For the sake of disclosure here are some of the messages you left for other members. I think that these messages are extremely abusive and very harsh as compared to the message left for you. Although we do not encourage the use of words like moron, stupid, idiot, we see these words being used often on the forum.

    Lasantha 02:39, 23rd Sep 2007 -23 Ass hole !!!
    Lasantha 10:59, 14th Nov 2007 -27 Eat Crap you bastard!
    Lasantha 00:54, 19th Nov 2007 -27 DUMBASS YOURSELF!!!
    Lasantha 17:03, 5th Dec 2007 -28 WTF
    Lasantha 18:05, 14th Jan 2008 -39 WTF is wrong with you?
    Lasantha 16:06, 11th Mar 2008 -45 Wacko???
    Lasantha 21:29, 18th Mar 2008 -52 what the fuck???

    You be the judge the let us know if you want to know the user who left you that remark. We will go ahead and post that on this thread. And for the sake of fairness, we will also post the members for whom you left the above messages. You be the judge and decide.

    Thanks for your understanding.





    GCwaitforever
    06-07 12:27 PM
    So you guys are saying that because you are on a H1B you are working harder than others? Let me tell you that working hard does not guarantee your job. I have seen hard workers laid off left and right, be it US citizens, green card holders or H1Bs. In fact one of my GC friends said that it is a constant fear for him to be employed at all times, he was unemployed for 10 months after the dot com bust. That changed him completely, he said what will I do with my GC, can I feed my kids with a GC? I need a job. So it is everyone's perspective. I look at him and say at least you have a GC, he says at least you have a job. :)

    Probably most of you are aware of these things. So, let me say this advice is for newbies in the job. Lay-offs are done for business reasons and cost considerations. An American friend of mine lost his managerial job after 18 years of loyalty and experience. Company did not see the reason to continue to be in that business and the entire division related to the business was laid off. So working hard is good. Definitely a deserved trait. Do it for self-satisfaction, but not out of fear of loosing the job. At the same time, we should not be cloistered within the company working long hours. There are other things imprtant in life apart from the eight hours we spend at the office. I tend to my hobbies to keep my sanity after work. I look out for business indicators/news regarding how my company is doing. Good financial planning mandates savings around 6-12 months of living expenses which would lessen the impact of lay-off.;)





    saimrathi
    07-18 09:18 AM
    Date Delivered To USCIS: 7/2/07
    Time Delivered To USCIS: 7.30 AM
    Service Center: NSC
    Rejected: Dont Know
    PD: Mar 2005



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