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  • surabhi
    04-23 04:30 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    This is not a personal advice but general appeal to all would be employers.

    I hope you have researched and understood obligations of an employer.

    By virtue of owning the business and taking 100% of returns, the employer has to assume 100% risk.

    If not on revenue sharing with employee ( 80-20 etc) , the employer has no business of NOT paying on bench. Either the employee is on rolls or has to be advised to take LOA or let go.

    For other unprofessional tactics, there is simply no excuse. Employment is at will. If employers cant deal with that, too bad. They should not be starting the business.

    I have worked with Desi employers who have consistently run on best practices and completely adhering to law of the land. It can be done and the cost of doing that has to be factored into the business plan. If it is too costly as per your financial numbers, then you are not ready for it financially.




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  • bombaysardar
    06-12 07:09 AM
    Bump




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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.




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  • Sunx_2004
    09-15 09:12 AM
    Very important point Sandy-

    Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...

    For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.

    An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:

    http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
    http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
    http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness



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  • kannan
    02-15 11:25 AM
    Me too, No FP till Today.......




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  • santb1975
    11-22 12:01 AM
    Keep up the good spirits

    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul



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  • pappu
    11-18 06:20 PM
    Dear Mr. XXXX
    Thank you for getting in touch with me regarding the Development, Relief and Education for Alien Minors (DREAM) Act (S. 729).

    The DREAM Act is a bipartisan and narrowly-tailored bill that would allow undocumented immigrants who have completed two years of military service or college to petition the Secretary of Homeland Security for legal permanent residency. These individuals are required to have entered the United States prior to their sixteenth birthday, graduated from high school, and lived in the United States for at least five consecutive years.

    As the Senate continues to work on the National Defense Authorization Act and its amendments, I will keep your thoughts in mind.

    Thank you again for sharing your views with me.

    Sincerely,

    Sherrod Brown
    United States Senator

    P:S: DOES the ADMIN want me to send a response to this mail asking specifically to include the kids of Legals too or wait? Admin pls. reply..

    No. Pls only focus on the specific message in the email you had sent. Do not send another email to the email you have already sent and have it be ignored again or take a different route in the messaging.

    Now you would want to call the office and talk about the points in your letter and ask why you did not get specific response to your suggestions. You wish to speak the legislative aide / immigration aide and discuss the issues in person rather than getting such automated messages that does not help you 'the constituent'. This is a serious issue for you as a constituent and would like it serious consideration by the office and discussion with you.

    Take the matter a notch further and raise it. Then contact IV to help you out with the next steps.




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  • doshhar
    07-07 12:33 PM
    I have started similar mission on Murthy but didn't get much attention. I think this is the right place to discuss this.

    I can gather 100+ people from Chicago for peaceful rally on July 14th at Chicago USCIS office.

    Any one from Chicago reading this thread?

    Let's DO IT



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  • hsingh82
    05-08 03:33 PM
    I think we should protest in front of capitol with placards reading "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race". We should set up a tent and do a huger strike.


    "End Discrimination by National Origin". "USCIS practices Racism", "End Racism in Legal Immigration" "Remove country Caps", "Country Caps = Racism", "Choose Merit, Not Race".

    I liked these, how about we send copies of our degrees, W-2's (-ssn) and resumes with one of these to Obama to prove the point that we actually are highly skilled people?




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  • dealsnet
    04-22 07:34 AM
    We the employment based immigrant community to do some thing to help his family. May be by contributions, and help his family to get his benefits from the company he worked, any insurance, IRA, 401K etc.....
    Hiis spouse may not have the ability do these things from a foreign country. Some body from IV must contact his family now based in Sweden. This is my suggestion.

    Guys,

    I knew Mehul and his family. They migrated to Sweden late January and Mehul passed away peacefully in his sleep on March 2, 2008

    Admins, please close/archive this thread. It's painful



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  • kondur_007
    07-28 12:50 PM
    It is indeed sad that you continue to pontificate from a perch of indifference and ignorance.

    From your knowledge of words it sounds to me that you should get a "PhD" in language or politics or something like that and apply for EB1...Why are you doing EB3???


    If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?

    Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.

    For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?

    Keep in mind, here you are challenging the entire system...you are challenging DOL, DOS and USCIS integrity...

    I do not like to annoy anyone ever, but your posts are so annoying that I could not resist. Forgive me if I offended you.

    An honest advise: (and please do not take me wrong): you mentioned earlier that you have qualification for EB2. If I were you, I would definitely pursue the conversion from EB3 to EB2 before it gets even tougher to do so. And this is not jost for you or even EB3, this applies to EB2 as well. Every EB2 should try to get EB1. Going higher up in hierarchy is only beneficial.




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  • chanduv23
    07-07 01:05 PM
    Please be prepared for unanticipated actions in case of rallies

    Check this youtube video http://www.youtube.com/watch?v=UFdNkXJMH9A&mode=related&search=


    IV members - never lose control or temper - in a public rally. Be careful - remember, in this current scenerio we do not have much sympathy - if any official assualts us - more sympathy will be towards them.

    Please do a thorough research on how effective rallies are based on our situation. We do not have much political support - no government support, no public support - and not the least of sympathy though we contribute so much.

    In case of unanticipated actions - we may never know if politically we will have any help fro higher ups.

    Also - please check the numbers ( remember though a lot of people show enthusiasm in discussion forums, in reality you will find very less people taking part)

    So please do your homework and do a lot of discussion. Do not hurry up and rush into rallies. A lot of rallies are done by disciplined leaders who plan these well in advance.

    Please do some research.

    Once again - it is nice to see the zeal in all the members to do something. Please contribute to IV. Participate in media drive and update information. Help in all posible ways. Please contact core to discuss strategies.

    Keep up the spirit.



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  • cool_guy_onnet1
    05-03 03:30 PM
    source immigration-law.com

    05/02/2006: Senator John Cornyn Introduced S.2691 for "Legal" Employment-Based Immigration Legislation

    * Today, John Cornyn, Senator from Texas, introduced in the Senate S. 2691, Securing Knowledge Innovation and Leadership (SKIL) bill, which is similar to the legal employment-based immigration bills incorporated in the comprehensive immigration reform bills of Senator Bill Frist and Senator Alen Specter. These legal employment-based immigration bills are similar to the Education bill named PACE Act which is still pending in the Senate.
    * Senator Cornyn strongly opposes the legalization of undocumented immigrants as opposed to the Senate Majority Leader Bill Frist and most of the Senators in the Senate Judiciary Committee. The compromised comprehensive immigration reform proposal faced strong challenge from Senator Cornyn before the bill collapsed in the Senate during the Easter break. Cornyn-Kyl bill and McCain-Kennedy has engaged in a fierce duel in the Senate Judiciary Committee and in the full Senate. The collision was marked by the legalization of illegal immigrants that are incorporated in the McCain-Kennedy bill.
    * By introduction of S. 2691, Senator Cornyn practically joins the original Bill Frist bill that strongly supported legal immigration and strongly opposed legalization of illegal aliens by focusing on the border security and the immigration enforcement. Question remains whether the legal immigration bill can pass the Congress as separate from the Comprehensive Immigration Reform legislation. We are concerned that this bill may bring a further division between the legal immigrant community and the illegal immigrant community with the potential damaging consequences to both legal and illegal communities. We have maintained a tradition of strongly supporting legal employment-based immigration. We just hope that the legal and illegal reform legislation does not end up with the fate of S. 1932 as driven by the political forces using the traditional battle tactic of 'divide and conquer.' From the perspectives of the legal employment-based immigrant community, all of the pending bills support their interest and they will be least affected by whichever bill the Congress finally would pass. This is a time to unite and not a time to divide.
    I am a big fan of oh-law and I see what he is trying to explain - but common-sense suggets that all the law firms are scared that instead of 12 million pottential customers they will only see 0.5 (legal) and 4-5 million (>5 year illegal resident if comprehensive bill passes).
    Would you like your customer base to go down by 50 or 96%? I guess No- so don't pay too much attention to who cries faul- It's all fair as long as we The hard working tax-paying technology workers get piece of american dream.
    At this point it's all about flexing the muscles-
    No politics, it's just plain vanila human greed!




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  • pcs
    06-25 10:44 PM
    Look at this ad...

    This guy is a bigtime white racist... he does not mind only Canadian TN VISA guys but not the Mexicans...

    Equal opportunity Emp will call for either do not sponsor ANY VISA catagory for people present in US or NO VISA at all... BUT this guys is OK with VISA for Canadian but No Mexican.... forget about H1-B etc... OPT

    PROCESS ENGINEER / CHEMICAL ENGINEER - Petrochemical / Refining / Oil and Gas job in Martinez, CA: Engineering and Engineering careers - Yahoo HotJobs (http://hotjobs.yahoo.com/jobseeker/jobsearch/job_detail.html?job_id=JL84XW2ILFG&source=jobalert)

    I do not need any job but I am going to write to the VP of this company and demand explanation to prove why he be not considered a racist or at least a NON Equal Opportunity Employer



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  • mbawa2574
    08-20 08:16 PM
    No receipt/checks cashed. Called USCIS Friday and today , got the same crappy 90 days wait response :mad:

    Are we heading into another fiasco ?????? :confused:

    PD:Dec 05
    1140: TSC June 06
    I485/I765/I131 sent to NSC




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  • CADude
    03-26 07:15 PM
    Unless congress change law you are dreaming.. :D:D:D:D

    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2



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  • simple1
    05-01 12:15 PM
    gc_on_demand,

    Please dont mix priority date with quota.
    spouse's priority date will be the same as primary priority date.

    We are discussing about quota here.

    Lets say I have PD of Aug 2007 and If govt makes me to file under EB and my wife under FB. When date becomes current in EB ( which has higer probability ) I will be able to file but my wife will not.

    Now questions will be what will be her status ? If I switch to EAD ? second if govt give them a legal status but they have to wait for 3-4 years to date become current and file for 485.




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  • tonyHK12
    02-05 04:10 PM
    Thanks GoodIntentions, guru76, Naitik for your contributions.

    Members please let friends and colleagues know about the event and contribute within their means, for their own cause.

    Total Contribution: $1100.00
    Amount to be raised: $48,900.00




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  • sanhari
    08-13 10:23 AM
    Dear EB3 folks, please don't get discouraged by the Sept visa bulletin, let's keep our focus contacting congressmen/women, USCIS and DOS to push on a fair policy, of using the visa spillover against cases with older priority dates. Also for all other folks, who don't support this, we are just trying our best to get a push somehow to stay along with others in the queue, moving forward, instead of quietly watching, so please do not discourage. If you don't support or have a better solution, please start your own forum for further discussion instead of discouraging the folks in this forum.




    DianaSteve
    04-07 02:17 AM
    yes that is true. I did not had any problem with mortgage. Atleast as of today, it is illegal to deny mortgage based on immigration status. If you have any idea of buying a house, it is better to do it before any law changes if at all there is one in the pipeline as you(madhuri) suspect.

    It is all how you see your life. Just concentrate your energies on positive stuff you have. This will bring you more energy and most importantly, it will bring more for those who sorrounds you like your family. Peace in family is very important to pursue anything in life and especially career and that too as an immigrant in US without GC.

    I bought my house more than 2 years ago and refinanced 2 times. There is no problem in getting a mortgage. Make sure you tell them that you are on H1 and you should have a very good credit rating.




    GCcomesoon
    06-09 10:41 PM
    Did you directly sent to TSC or NSC forwarded it to TSC

    It was send to TSC as my approved 140 was from TSC

    Thanks
    GCcomesoon



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