Thursday, July 7, 2011

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  • unitednations
    03-26 09:27 PM
    I think we have gotten way off topic from original poster.

    I should have posted the 140 denial where USCIS pointed at temporary job before person responded with their documents.

    in 140/485 stage it is very dangerous sending information like client contracts as you are putting it in their face that the job may not be permanent. In the particular case I attached; the attorney in trying to prove ability to pay winded up opening other doors for uscis to step through.

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  • unitednations
    07-08 04:30 PM

    r u the same from !! people r looking out for u in this immigration greencard darkness..

    Yes, that is the same person. I felt discouraged and decided to not actively post; unless there is some real interesting issue.

    I consider this a real interesting issue.

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  • logiclife
    04-07 01:06 PM
    The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don’t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

    You hit the nail in the head.

    Instead of getting rid of all H1B employees in one full swoop, this lobby wants to put law in place where new H1s will be mostly rejected due the "Consulting clause" and existing H1 employees will be hit in the head with a 2 X 4 when renewing H1, since the scrutiny and paperwork is the same for new H1, H1 extensions and H1 transfers. Same LCA filing, same I-129 forms.

    So instead of immediate purge, this is like getting rid of 5 to 10 thousand each month by making extensions and renewals and transfer impossible for those doing the consulting.

    Like the admin said, this is the slow bleed of H1B program where death is slow but not obvious and easily detectable.

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  • senthil1
    04-06 11:46 PM
    Law cannot be done to put restrictions only for new H1bs. They will put restrictions for any H1b for new H1b and also transfers. But if it applies to H1b extensions also then everyone are in trouble. But bill tells that all the hires of H1b. That means H1b extensions are not new hires for a company. So it should not be applicable.

    I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.

    I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point

    ---This applies to all the applications filed after the enactment of this bill.

    So how is it going to effect the current H1b consultants?




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  • PD_Dec2002
    07-07 08:56 PM
    I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
    and now another problem is I applied for EAD in march and have not received new old ead expired 10 days ago.and now Iam not working.
    We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
    citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
    Did anyone face similar situation .Any suggestions are welcome.

    Sad to hear your story. Talk to an attorney ASAP. Maybe to several attorneys to get different opinions and perspectives. Time is of the essence in you case. Contact a financial planner/realtor as well to see what you can do about your house payments.

    Good luck.


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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.


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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.

    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.

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  • qasleuth
    03-23 04:51 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    OK..people..the END OF SPECULATION..

    I got the are the details asked for..

    and It appears, the email ( came from someone who was working in the local office where our file is sitting..

    1. current resume
    2. copy of degree(s)
    3. W2s since 2000
    4. information relating to your first entry into the United States with your H1B visa (copy of I-94, copy of passport � admission stamp and biographic page, etc)
    5. date of initial employment in the United States (per our conversation this was through XXX Company for a contract with ABC Inc)
    6. copy of income tax returns from 2000 to the present (all that are available)
    7. copies of work contracts since 2000

    Now..should I send or hire a lawyer..what should be the best course..I have all contracts from previous employers..currents one I can get

    Any suggestions please?:mad:


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  • nojoke
    04-14 03:02 PM
    You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

    My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.

    No one is scaring away others from buying a house. We are all pointing to the risk of buying a house at this time, which you are already agreeing. :)

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  • Hitech-coolie
    07-09 01:47 AM
    Hi Guys

    I am new to this forum and portal too.
    Do INS ask about previous salary stubs for i-485?
    Do they check all the paystubs till the time you subitted your application?
    Please educate me on this.



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  • wantgc23
    08-11 07:55 PM
    really good thread

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  • unitednations
    07-08 05:31 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!

    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.


    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.


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  • DSJ
    05-17 02:43 PM
    Come on man don't preach here. Your so called paid *permanent job* is to do work at your office, not spend time in this forum to post lengthy text.
    Do you think what you are doing is legal or illegal to your company.

    Reality is, being a 'consultant' on the bench is illegal.

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  • eb3India
    03-29 09:08 AM
    I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,

    He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,

    Where does he get this number when anual quota is only 65K, can some one verify this


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  • 485Mbe4001
    07-14 03:16 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.

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  • msp1976
    03-04 01:01 PM
    I wish that you would drop whatever you have in your signature....George Allen was one of the co-sponsors of the original SKIL bill...He was sympathetic to our cause...Now when he made those comments he was pandering to certain local sentiments....Conservative senators have been more sympathetic to us than democrats...It is time to stop beating that dead horse...


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  • a_yaja
    05-16 09:46 AM
    I do grasp the concept of consultancy, thanks. You know as well as I that we are not dealing with a 'narrow group' of people misusing the current H-1B system to enter the United States as 'consultants'. The concept of consultancy businesses is great. Most of the consultant companies in the U.S. in general are well respected companies. They can even be great companies when H-1B status employees are involved. That is, WHEN THE H-1B VISA HOLDERS ARE EMPLOYED FULL-TIME, RECEIVING A FULL PAYCHECK FOR A JOB THEY APPLIED FOR WITH THE COMPANY BEFORE FILING THE H-1B APPLICATION. If a consultancy firm is not able to do that, they shouldn't plan on hiring people on H-1Bs. Likewise, people shouldn't (mis-)use H-1Bs as a means of access to the U.S. using body shops, resulting in multiple law violations such as bench time and accepting below average wages.

    In your examples you suggest that I say consultancy in general is not a good thing. Of course it is a good thing. But consultants should be EMPLOYED ON A FULL-TIME BASIS TO ADHER WITH H-1B VISA REGULATIONS.

    I think the H-1B visa program is a great one! It is simply sad to see it abused to the point it is today. What congress is doing is closing a very exploited loophole. Kudos to congress for seeing the real issue instead of, say, shutting the H-1B program down entirely!

    I am not sure what your point here is. On the one hand you say that consulting is OK as long as it is on a "full-time" basis. On the other hand, you are supporting this bill which bans all forms of outsourcing and consulting. Does not matter if you are a "full-time" consultant or a "permanent employee consultant". If you are going to perform work for someother company (all the cases I mentioned in my previous posting - although case 2 and 3 are directly related to people on H1B) through the company that hired you - you will not be eligible for H1B renewal. This applies to all companies - Microsoft, Oracle, EDS, small and big engineering firms that perform safety audits, etc.

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  • dixie
    11-14 10:01 PM
    His news telecast was an inspirational force for numbersusa who were behind killing SKIL.

    As far as I know, almost every telecast of his has some representative of FAIR, numbersUSA or some other crony organisation like the programmers guild as his guest. And he presents their "research" as if they are winners of the nobel prize in economics.

    And who told you SKIL is killed or that numbersUSA killed it ? In fact they are quaking in their boots at the thought of congress passing some large scale immigration relief measure like SKIL during the lame duck session. Take a look at their site for the latest "action item". Sad part is many of their friends in congress have either lost their job or are busy licking their wounds.

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  • rajuseattle
    07-14 08:40 PM

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.


    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.

    06-05 02:36 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!

    07-08 09:15 PM

    seriously thinking about sending an email to Oppenheim, Charles to consider moving the dates in the bulletin liberally so no visas r lost each year..before there is another debacle with the October bulletin..

    maybe he is the right person to hear our misery..but not sure if they even consider our emails and tell us not to teach them what to do..


    thanks for your enthusiasm, i would suggest though - not writing to good old charlie, and focusing instead on your local lawmakers (HR and senators).
    We can make this fiasco a catalyst towards incremental reform of the immigration system. There remains a chance that we could get a bridging amendment before the year is up, to provide some relief at least- maybe recapture of numbers or 485 filing. If you have questions about what to send your lawmaker- or present a a meeting- look up your state chapter or contact iv core members- try sertasheep- send him a pm with your specific request.

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