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raveen

08-02 06:02 PM

Hello sir, I am on H1B, a new company is hiring me and they have little knowledge about h1b issues, my h1b transfer is not filed yet, they are 100% sure that they r gonna hire me, but I haven't decided whther to work with them or not, the other day I went to their office to fillout the application for background check but they made me fill out all the forms that a candidate has to fill during the hiring process, they went ahead and filled my I-9 and w-4 forms too. I was thinking that it's all a process of pre-hiring,but after coming home I did a little research and found out that I-9 has to be filled after they transfer my h1b, do you think is it gonna be a problem?I e-mailed them not to put me in the system, did I violate any law by getting hired by them before even my visa transfer process is started?ofcourse I didn't start my work and I am not going to start until my visa tranfer is done. The employment is at will and I didn't sign any contract with them, do you think they will create any problems for me in future(if they want to)?b'cos I haven't decided to work wth them yet and I may tell them that I am not gonna join them. Please advice me I am really tensed.
Thanks in advance

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dvb123

02-15 10:48 AM

my friend you really need to dig deeper into stuff...most things are more than meets the eye. courts are very reluctant to strike down laws. the supreme court will strike down a federal law ONLY if it's against the constitution itself...ie there has to be a fundamental problem. this is true both in the US and in India.
the fact that a law inconveniences people is just not enough ground.

Yup Paskal I have a dug a little deeper. Although this case is about DV visa it is very similar to our Visa recatpure situation.

http://64.233.167.104/search?q=cache:yJNFLn-AtcsJ:vls.law.vill.edu/Locator/3d/Jan2004/031075p.pdf+court+order+immigrant+visa+number&hl=en&ct=clnk&cd=7&gl=in

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Sideliner

09-23 01:41 PM

..On the other hand though, those on the other side will think that this proves their point --- they are losing jobs and money -- immigrants are taking it. They are losing houses and properties --- immigrants are taking it. They will put the blame on us.

This is a very good point, while considering the good press you MAY get, also think about how many Lou's shows can use the same material to spread more hatred.

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GCOffice

09-28 10:51 PM

Hi ,

My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.

Thanks in advance

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PlainSpeak

01-14 12:19 PM

Woman period yes. Man period no.

You man or woman or nether?
Ahhhhh lookeee here. Someone has finally got a grip on biology
Whosssssss a good boy whoooose a good boyyy !!!!

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user1205

02-12 01:37 PM

As far as I know the country quotas are followed only in the first 3 quarters of the year. Last year a lot of numbers were used for India/China in the June/July fiasco and ROW used less than the yearly quota. India had I think 3 times the yearly quota in those months. So they're trying to use up as much as they can for ROW this year I guess.


I have the same question. State dept moves the date just so that the visa numbers are used for that category. If a category is retrogressed, then it can't really be "undersubscribed".

This was listed at the bottom of the page in the March VB in state dept's website:

The cut-off date movement for March in several Employment categories has been greater than those experienced in recent months. Advancement of the cut-off dates at this time should prevent a situation later in the fiscal year where there are large amounts of numbers available but not enough time to use them. If the expected increase in CIS number use materializes, future cut-off date movements could slow or stop.

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drirshad

07-03 07:59 PM

Can IV try for a Bridge Legislation ...................

Tuesday, July 03, 2007
Bridge Legislation Update

HLG is still actively seeking Bridge Legislation. The purpose of the bridge is to provide a short-term fix to the current retrogression problem for Schedule A occupations. As many readers are aware we are one of the founding members of the Coalition to Improve Healthcare Staffing. The CTIHS is pleased to announce that in June it retained two prominent Washington lobbyists and consultants. The lobbyists are working 24/7, along with the AHA, to seek this goal.

If any immigration attorneys and/or healthcare stakeholders wish to participate in this effort and contribute funds to the effort, they should contact Chris Musillo (cmusillo@hammondlawfirm.com).

The biggest hurdle we have right now is general “immigration malaise” in Congress; no one wants to talk immigration at this point. Congress is on a short break for the American Independence Day. Many of the staffing companies and hospitals that make up the CTIHS have meetings set up with their Congressmen and Senators this week.

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kris101

07-03 04:25 PM

Hi Forum,

I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

Any response in this regard will be highly appreciated.

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JunRN

02-13 01:22 PM

I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.

The best solution is to recapture unused visas from previous years and increase the quota per year.

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dallasdude

05-29 01:35 PM

For all those who are stating that filing in EB1 should not matter, please withdraw your application and let other people in line move ahead. Give me 1 simple reason, why should we not raise this issue. In hindi, there s an old saying "boondh boond karge ghara bartha hain"....

I will request all of you to send letters to USCIS to raise this issue and lets have a close scrutiny of all EB1 applicants received/filed....I understand that this is not the solution but i am pi***** at people using loopholes all the time.....

Don't those knuckle heads infiltrate other countries in the world too? This is ridiculous. What a frickin mess we got here!

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ivgclive

07-21 05:11 PM

Signs and Warning...

1. Mostly he seems to be a weird guy.
* God has given us special white blood cells that can find these guys.
* Listen to your inner soul when it says 'I don't feel comfortable'.

2. He walks with empty hands (RICH people) while all others in the shop walk with a cart and/or some goods.

3. Talks loudly, using words as if he is lending money to Warren Buffett or Bill Gates..

4. His approach.
* Are you Mr.<a name in south/north depends on your appearance>?
* I can't believe I meet you here.
* You look very familiar to me.
* You look like my younger brother / son / daughter / friend / father / mother / cousin / tomato / carrot / spinach etc

5. Look for these words...
* Do you want to make LOT of money? (eventhough he looks like a crap, wandering in a grocery store not buying anything, driving a 1990 Toyotta Tercel).
* I have a wonderful business opportunity for you.
* What do you do in your free time?
* I am running a eBusiness, eCommerce etc.
* Do you want to make use of your free time in a productive way.
* Count the number of times he uses the word 'Money', if it is more than 2 times, he is from that cult.

6. Finally,
* Can we meet sometimes this week?
* Do you want to attend a Business Meetting (!) with top heads next week?
* Do you want to just see what we are doing? (Why the hell I need to see?)
* Do you want to join us for a Tea, Cofee... (Believe me, they won't call you for Lunch or Dinner, eventhough they always talk about the LOT OF MONEY they have made)


I read lot of news from school and I learnt this 'multi-link' business 20 to 25 years back. So as soon as he asked me if I wish to make 'LOT OF MONEY' without working, I understood that the poisonous snakes had entered US long time back.

I had only one encounter 10 years back that went up to the so called 'Business meeting with Tea Party' because I was new to US and these guys were using an updated terminology.

From then on, I enjoy if I meet such people in Malls, grocery stores, Walmarts. I let him talk for about 20 - 30 mins when my wife is shopping. Asking him very basic questions as if I have not seen a $10 bill in my life. By the time he realizes that I am playing, my wife finishes shopping and we leave.

This way you can keep yourself updated on the tricks. Amazingly these guys read technology news a lot than us and upgrade their techniques.

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gauravster

06-02 05:17 PM

Consultation for these purposes is free at some places. Check out

http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/New-York/New-York

I would have loved to go, but things are keeping me busy for the next two weeks. If this is still not taken up, I might go alone and check this out and follow it up. If someone reading this is interested, can you try it out as well and let us know. Maybe we should consult multiple lawyers to make sure that we do or do not have a case. Everyone might interpret things differently.

Another link: http://public.findlaw.com/civil-rights/civil-rights-enforcement/civil-rights-violations-lawsuits.html

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nogc_noproblem

07-17 01:02 PM

Friend, as advised (?) by you, I read your other posts in this thread, I could not find the source but I found what you are saying to others.

“This whole thread is speculation

Try to think logically

You should read the INA law clearly.

But if this speculation makes you happy, enjoy!”

You can be very smart of yourself, but don’t think others are idiots and fools. It is up to you agree or disagree with others opinion, but don’t show your "others don't know anything" attitude (“try to think logically”, “read INA law clearly”, “everybody is speculating”) here.


Read my earlier posts for source. Ofcourse it is speculation if you are thinking EB2 will be current in one year :) I would be more than happy if USCIS did that, but try to think logically than expecting miracles to happen. As you said, its a wait-n-watch for results.

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amoljak

05-10 04:52 PM

I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

So the process can be:
May 2006: Come here on H1B
May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
July 2010 - Get green card and enjoy :)

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immi_seeker

09-17 04:09 PM

October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.

But it could be September 2010 by the time it comes to March,2005.

Any idea what would be the number of pre-perm applications arnd mar-2005. Will it be like in 10K numbers . Any idea?

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H1BinNY

07-03 07:00 PM

I digged all the comments but looks like someone is trying to bury them again and again...

Probably someone from USCIS

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BharatPremi

12-14 04:01 PM

To summarize the discussions on this thread:

Yes, it is 7 % for all countries.

Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.

The real question, as raised in the first post of the thread by soljabhai is:

(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?

Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).

Anyway, agree or disagree, its an interesting thread with interesting posts..

Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM

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songlan

07-13 09:59 AM

Can you share with us the steps (or a link maybe) to file on our own.? I have heard of Maple a lot and most of my friends in the west coast are going through them. That's why I referred their name here. Note: I am not paid to market them and they are very expensive :(

thks!!
lotr

You can easily find the steps at the official website www.cic.gc.ca . I followed the instructions on this web site step-by-steps and got GC approval for whole family in 12 months. I did not complete the final steps (pay the final fee and land to Canada for at least once), because I thought the chance to get US GC is still with us. Now I got US GC 3 weeks ago (at the crazy peak of approval June 15 June 30 , you knew it).

I made many researches about the chance to live in Canada for an ex-US H1B (asking the friends there, compare the living cost, job search in canada, visit canadian forum etc ...) and found the decision to quit US and get GC in Canada is very various and depends on individual cases/family. You have to make your own research and find Canada GC is suitable for your situation , your family or not.

for short, you can do-it-yourself the the application canadian GC, you certainly DO NOT NEED an immigration service . Paying such services could only cause your case more delays (everything get though attorneys first .....) ....

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PlainSpeak

01-13 01:24 PM

Sorry about the mutiple posting. I had issues posting that and for a second i thought IV has booted me out.

Guys if you give me some time i wil lreply back to each and everyone. I am after all a single gal with only 2 hands and please if you want to make some comments about ladies please do so in good taste:D

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sachug22

09-24 05:50 PM

/\ my answers

Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"

Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"

Ans: this concept 0.07X 0.286 - It is a false concept.



How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.

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ssharma

07-06 01:17 AM

Is there certain minimum numbers of days one has to stay with the sponsoring company after getting the Green Card.
In my case I have been working with my current employer since Sept-2001 (almost 7 years).
Green card labor started in Dec-2001 and I-485 was filed in May and approved June, 2008.

I was in the middle of using AC21 just before my GC got approved, hence this urgency.

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