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Written By muthmmuuuaaanniish on Friday, June 17, 2011 | 8:21 PM

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  • a_paul1
    04-02 08:41 PM
    1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.

    Hence, it is valid for the candidate to come to US by presenting documentation.

    1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.

    2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.

    3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.

    IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.





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  • validIV
    03-26 05:18 PM
    I got a soft LUD on 3/25/09. I didnt apply for AP or EAD.





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  • hrushi_j
    09-17 12:59 PM
    wow... 25 mins break only





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  • gjoe
    01-30 05:19 PM
    I sent that question in for the debate about 2 weeks ago. Glad it is on the list. I cannot access this link now for some reason

    I guess we should use chances like these to get our agenda heard by the people and the govt. There are going to be atleast 3 more presidential debates we should try to get this question asked atleast in a couple of them. We can modify the question to make it more broad, but still keep the focus on legal immigration problems by highlighting it.

    PS: You have earned yourself some green ;) I mean rep points from me



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  • Leo07
    12-01 06:19 PM
    sriramkalyan,

    Good thoughts. I also agree it will be a small change in code.

    Discrimination on the line of payments will only lead to more mess....and more complaints...in the end people with common problem distance from each other. We all are in this together...we must solve it together including those that did not contribute a penny so far. All we can do is to convince those people to donate for the cause. You know our folks are not the best ...when it comes to donations:).(Not the religious)

    It's just that some contribute more and some less...and there are some like IV core who contribute a lot more than others. Just the shear number of 25000 is a strength to IV...I agree that it may be only 100 who actually dedicate themselves to the cause. Decreasing the number would only mean...leaving some of our own people back.

    On the same line of thoughts as yours...I think it is ok to ask the user/questioner if they would like to voluntarily donate couple of bucks...if they think the answer they got is valuable enough and if it served their purpose. On the same note as the user posts a question....depending upon the urgency and the importance of the question...user could have an option to put a 'Value' of donation that they would make if that question gets answered soon enough.




    Thanks!





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  • ujjwal_p
    05-24 03:31 AM
    just presenting a possible reason why what paskal proposed in his post does not work well in IV.......its not a question of whether phone calls are important or not....its a question of making a significant number of forum stakeholders (and not 1-2%) get to act on any initiative......fund raising/ calling efforts etc....

    i genuinely believe that the core members go above and beyond whats expected to do what they are doing for IV - its truly remarkable...they all have busy lives and it takes great conviction and dedication to take the time out and do this...but why are the people still not responding despite the obvious pitfalls of not acting on GC related initiatives.......

    maybe its lethargy, inaction, indifference etc.......but we should be open to considering that just maybe, a vast and silent majority of IVians do not feel a sense of representation in the organization and hence do not react as enthusiastically as they should........legitimacy among the constituents often comes with representation

    why did most kingdoms around the world perish and give way to democracies......bcos the kings taxed the public based on their whims and fancies......elected govts may do the same but people still pay up and if they dont agree - they know they have a choice at the next elections.......

    and no, i dont deserve to be the CEO - neither do i have a performance track record nor credibility here......should not stop me from voicing a contrarion view though

    ill be the first to support you on that. nobody should stop anybody from expressing their point of view. i provided mine too. its just that, an opinion.

    my disagreement is basically with the thread's premise. its not an "absurdity" to call lawmakers. in fact, its probably more absurd to think that this is absurd. my point in a nutshell was for us to be constructive.

    ill just conclude with the exact words from the numbersusa spokesperson to its members following the recent events and this is on the top of the message, emphasis mine :

    Your Phone Calls Worked!

    So, there you go, need i say more? Good for them. They worked hard, were focussed on the task, made more calls and things went their way. Of course, we did have the Ag jobs bill which wasn't pretty to be hanging out with. Anyways, if you want, you can read the entire statement by using your favorite search engine.



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  • SGP
    04-02 05:22 PM
    $$$$$$$$$$$$$$$GOOD EVENING GC$$$$$$$$$$$$$$$$

    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Dear IV Members,

    If you believe that your success depends on your immigration process - whether it's the ability to file I-485 earlier or to get green-card and citizenship sooner or whether it's the ability of your spouse to work - then you have to believe that your success somehow depends on the success of Immigration voice and these 170 volunteers in DC next week.
    As you may know, we are just one more week away from hosting Advocacy day in Washington DC where about 170 members of Immigration Voice will conduct nearly 250 meetings with offices of Senators and Congressmen. Such events cost money. If we have enough contributions, we can spend as per our budget of nearly $ 50,000. If not, we will have to cut back on the event spending and reduce the magnitude and size of the event.
    If you are not coming to DC next week, please do your part and contribute funds to Immigration Voice. It not only finances the event properly, it instills pride and confidence in the members who will be there in DC that there are thousands of willing supporters behind them who could not be there physically but are 100% with them in their determination and resolve.

    For background click here -> Announcement about April 2011 Advocacy Days (http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1901186-action-item-advocacy-days-in-washington-dc-in-april-2011-a.html#post2301599)
    Contribute to Advocacy Event on the Capitol Hill (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44#onetimepaypal) (All one-time contributions will go towards organizing the Advocacy Days event)





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  • thescadaman
    01-31 02:24 PM
    voted..



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  • pappu
    02-06 02:26 PM
    Logiclife, I am sorry you are wrong.You don't need to post hour by hour update, but the update you posted today on Aman's meetings , help people to understand what really IV is doing and are necessary atleast once a fortnight.I am sure you are working in a corporate world and drive projects.The first rule on driving a big project is status meetings once every week.This helps all the stakeholders.
    Pls attend our 'meetings' in order to get more information on what we are doing. Join your state chapter and actively participate in those 'meetings'. We called for volunteers last week for the media drive and only 12 members out of thousands of members that saw that message responded. We want to encourage members to actively help us rather than wait for update from us. Each one of us can create an update for the community. Meet your lawmakers and update us. A handful of people cannot do much. It is the collective effort of this organization that will help us get success.





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  • polapragada
    08-13 08:43 PM
    Yes, that is right, I said �plight of EB2-India�.

    I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...

    Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.

    Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.

    There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).

    All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.

    For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!

    I feel education should be rewarded (Every where). High skilled should get prefference.

    chaanakya may be you should consider putting your words in soft intangiable worlds...



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  • mpadapa
    09-17 11:00 AM
    Both DOS and USCIS do believe the recap bill is going to improve their efficiency. They had made it very clear in the Immigration subcommittee hearing on "wasted visas" held on Apr 30.

    They might got feed back from DOS and USCIS also.

    I hope DOS and USCIS give positive feedback to recapture visas.





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  • asanghi
    11-16 12:12 PM
    Not sure if the social security taxes are for immigration benefits. Also, the taxes we pay are for several other services that we get in the US. Remember, even as non-citizens, we get millions of benefits such 911, clean roads, and the list will go on. Why do you think we want to immigrate?

    I don't think this kind of an argument will hold any water with the press or lawmakers. There are other good arguments, and we should stick to them.

    qplearn. You are right.

    But as I have noticed, there is a lot of misinformation being spread around H1-B holders. One of those is that H1-B holders don't pay taxes. I have now read it at so many places, if I didn't know anything about H1-B visas, I would probably have believed it by now. So we really should make a point to mention that we pay taxes and social security.



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  • andy garcia
    03-08 11:54 AM
    Sometimes, the fears arise from watching too many movies. Like the movie "Enemy of the State" where some govt agencies hunt down Will Smith and unravel his life apart. Remember? Gene Hackman : "US Govt has computers underground that are several square miles and they track every wire, every airwave....".

    What a bunch of ****.

    Firstly, its a movie. Secondly even if its true, what's there to be afraid of??? If you talk on the phone about legal course of action to lobby, why would you be afraid of.

    Like I said, you have to give some credit to the Irish. They have the chutzpah of going to lawmaker's offices in DC and say "I am an illegal...I broke the laws and overstayed my visa...please change to law to make everything ok again for me please...". And our community thinks that someone is listening to their phone conversation about how to raise money and lobby for the legal immigrants?????

    There is a big difference when you are Irish and can blend with the americans.

    Peolpe from other places might raise suspicion and be detained.





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  • gcgrail
    12-01 07:38 PM
    I had posted the same thing for your question on immigration portal too.
    My personal experience, united nations in immigration portal is your best choice.
    He deals with such cases on a regular basis and has helped me too.

    If you want to talk about my experience, please send me a private email.

    Hi toprasad,

    Would appreciate it if you could give the contact info for United Nations as I need this help with ability to pay immediately...Thanks in advance !!!



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  • ndbhatt
    11-01 05:15 PM
    I hear people say that there is reverse brain drain. But this is not completely true. I cannot quantify in numbers but there are certainly few people, I know of, who have migrated to countries like Canada and Australia.

    I will not call it as reverse brain drain but diversion of brain drain to other pastures that may be worthy from individuals standpoint.

    Reasons could be endless, to name a few - stagnancy in career growth, frustration for wait for GC, inability to invest further in housing for job insecurity, longer time for family union (ageing parents), save kids from western culture, etc.. etc.

    I have heard one of the above reasons, while there could be more, from people who want to vent out their frustations. But rest assured very few choose to put it to action at the end of the day.

    My two cents - don't bash others. I believe that all of us go through this turmoil at some point or the other.

    Let's stay focussed on what you want. Most of us, if not all, are here for better life, career growth, money ;), etc and if other countries offer better prospects and meet majority of ones expectations, most likely, we will consider the options. I think, to a certain extent, we are patriotic to our ownself or if may call - opportunist.

    Given a scenario. EU Blue card gives better option (though not sure if it will :p) flow to newer pastures is inevitable and unstoppable. This may not appeal to 100% of the readers but it's one of the faces of dice.





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  • crystal
    07-11 06:36 PM
    Where u have gone from morning ? :D Has AILA filed the damn lawsuit yet...what the heck are they doing...playing Tom and Jerry....



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  • xu1
    04-07 12:13 PM
    Let's keep the mometum rolling!!

    I'll follow up with a second contribution right away.





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  • sidbee
    05-14 09:55 AM
    You get a life you coward.
    You posted junk and did not do anything on IV in the last 1 year. Now suddenly when your dates are not available you come here to teach others to get a life.

    Why don't you get a life and go back to India and get a life there. If you are happy in Canada, then be happy there. Do not teach us. For all of us you are simply a coward who ran away from problems rather than face and fight it. And why do you care about Fraud etc.. if you are in Canada driving Taxi!!!!!

    You seem to be an anti-immigrant to me. We have seen many in the last few days and they were rightfully kicked out.

    Are u a crazy ??? He is not teaching you (Looks like you need some teaching anyway)
    Just a question , how are you fighting the immigration war.. (You fight a war , and solve a problem)
    Anyone has the right to express his opinion. You start calling people coward..

    If you have nothing in India to cherish for, Doesn't mean that other people dont have it either?





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  • sidpri
    10-11 10:14 PM
    I too have a similar case

    My wife had approval for COS to F1 recently before we applied for Adjustment of Status. She also got her F1 approval notice by post in August.
    Now in Oct, when I got her I-485 receipt number on the back of the cheque, I went to put it in the USCIS site to track case status online. There I found that the WAC# related to her 'already approved in Aug' I-539 COS to F1 had a status update in Oct.

    It says "
    ------------------------------------------------------------------------------------
    Current Status: Approval notice sent.

    On October x, 2007, we mailed you a notice that we have approved this I539APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS"
    ------------------------------------------------------------------------------------

    I wonder what that means because same WAC had the same message in Aug

    ------------------------------------------------------------------------------------
    "Current Status: Approval notice sent.

    On August x, 2007, we mailed you a notice that we have approved this I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS "
    ------------------------------------------------------------------------------------


    Pls see http://immigrationvoice.org/forum/showthread.php?t=14416 for further updates

    Thanks





    texanguy
    06-12 06:58 PM
    you are asking for EB2 guys in 2004,2005,2006,2007 to wait for EB-3 guys in 2001,2002,2003,2004. Point is well taken. Its a humane way of handling things.

    Perhaps they should not make EB1 current, let them wait a year or two while 2004 EB2 and 2001 EB3 get their green cards.

    Ask this question to yourself. If you were an EB2 person with 2004 priority with a spouse and kid, Would you be willing to wait few more years to get your green cards so that a 2001 EB-3 shall get his faster and may not care /appreciate your sacrifice?

    Your position helps yourself and nobody else. I dont have any problems 2001 EB3s getting approved before 2004 EB2's. Thats the way it should be, but not at the expense of EB2's. Feeling of entitlement is not adequate justification. USCIS has established a way to convert to EB2 status, if you have sufficient experience. You can certainly try that option.

    I just spoke my mind, dont care if i get red dots or not. Apperantly people here are way too sensitive to an opposite point of view.



    I believe that there is a great flaw in the way the USCIS allocates VISA NUMBERS among EB1, EB2 and EB3 which is very much evident and if we can stand united we can get something done.

    After carefully observing the trend in VISA approval and VISA bulletins, It is a reality that EB3-I is not moving and at the same time EB2 and EB1 are moving fast in relative terms and probably may even become current ( EB1 is already current ), But one thing USCIS is clearly not considering is the Priority Date, which basically means that they are not giving a damn thing about how long the person from EB3-I is waiting for. Here is my suggestion and some of the IV representatives need to analyse what Iam gonna say and see if they can stand up. Being an EB3-I india myself, i totally agree that EB1 and EB2 should be given a weightage and some preference over EB3, but I dont agree to what USCIS is currently following, EB2 With priority 2006 getting ahead of EB3-I with priority date 2001. This is ridiculous and to even think about it, it just sounds stupid. What they can do is , They can move the Dates in both Categories while giving preference to EB1 and EB2 first.

    Please dont jump up & down before i complete. Iam just giving you an example of how things should work and how they can move dates forward for all 3 categories while maintaining that EB1 and EB2 gets preference over EB3. Let us ignore Eb1, since it is already current. Now Coming to Eb2, the priority Date is 2004 for them.Ideally speaking, They should not move them ahead until atleast EB3 reaches 2004. But once Both EB2 and EB3 reaches the priority date of 2004, Obviously EB2 gets the preference over Eb3 and EB2 will start to move ahead but not by much, let us say 1 year. Now, Clearly, EB2 is still given the extra preference over EB3 but at the same time, we are maintaining the priority dates between EB2 and EB3 as close as possible so that the system is not totally unfair to EB3 filers. I think, as one of the un-biased Organisation we should stand up against this unfair treatment in general. I hope even EB-2 will understand what iam trying to say.

    let me know if iam making any sense. If am wrong, also let me know. So that i can get a better understanding of things and correct myself.





    aadimanav
    10-16 12:57 PM
    How do I find out that I am "suffering" from namecheck? :confused:

    PD: EB3 --> April 2004 --> India
    I-140 Approved.
    I-485 Received on July 2, 2007
    Fingerprinting --> DONE
    EAD --> RECEIVED



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