Monday, June 13, 2011

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  • sukhmeet
    05-11 02:08 AM
    Hi,

    My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.

    Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.

    So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.

    So in Summary
    Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).

    Here are some of the benefits my company provides to its employees:

    1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
    2. Employer contribution to 401 K.
    3. Payed Vacations, sick and personal leaves
    4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
    5. Tutions and certification reimbursements.

    We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.

    My concerns:

    My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:

    a. Filing h1b extensionfor first time is a problem? can there be concerns?

    b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?

    c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
    h1b extension.

    d. Shall we file for my extension asap ?

    I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.

    Any comments would be greatly appreciated.

    Regards.





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  • bijualex29
    03-24 12:31 PM
    If Total 290000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 43500 43500 101500
    India NMT10% 29000 29000 29000

    This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?

    If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.

    Total 770000
    EB-1 EB-2 EB-3
    % Allowed 15% 15% 35%
    No of Visa Issued 115500 115500 269500
    India NMT10% 77000 77000 77000

    I may be totally wrong here. Please clarify me if I am wrong

    Am I missing something here? Please clarify





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  • prout02
    08-13 07:49 PM
    My infopass IO told me so. My wife's namecheck got cleared last October. However, it was waiting for mine and it cleared the hurdle July 08. So yes, it matters even if one year has passed since I applied for 485.





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  • chanduv23
    03-20 03:43 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    Why are we talking about rally all of a sudden?



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  • indyanguy
    11-27 12:46 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!





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  • widad2020
    08-11 09:21 AM
    Pd 5/2006 ; Eb2-I; I-140 Approved NSC



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  • hydubadi
    03-18 02:14 PM
    I agree.





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  • little_willy
    09-15 11:49 PM
    �Progress is impossible without change, and those who cannot change their minds cannot change anything.�



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  • sgc2007
    07-08 06:23 PM
    I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).

    Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.

    Questions

    1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?

    2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused





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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.



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  • willgetgc2005
    01-25 08:37 PM
    Hello,

    I have a profile for online case status monitoring and because I attempted
    logins with wrong password, I am locked out.

    I get the following message:

    Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.


    Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.

    Thanks in advance.





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  • sidshar
    05-15 04:19 PM
    thanks for the response. But is it normal, anyone else in similar situation?



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  • swarnapuri
    03-31 08:49 PM
    Congrats! Nice Job!





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  • saxx
    01-19 08:33 PM
    I get a security warning.



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  • logiclife
    07-13 11:49 AM
    IMMIGRATION VOICE ACTION ALERT: 7/11/2007.

    Dear Members:

    Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.

    Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times (http://www.nytimes.com/2007/07/11/us/11visa.html) and Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html) on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.

    This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.

    EVENT:
    Peaceful protest march by Legal Immigrants in San Jose, CA.

    LOCATION:
    The New City Hall
    200 E Santa Clara St
    San Jose, CA 95113

    DATE:
    Saturday July 14, 2007

    TIME:
    11:00 am To 2:30 pm

    ORIGIN, DESTINATION, ROUTE & PARKING DETAILS:

    11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.

    PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: http://www.sjdowntownparking.com/free_parking.php (http://www.sjdowntownparking.com/free_parking.php) )

    1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
    2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
    3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    4) 2:30 PM: back to City Hall

    IMPORTANT THINGS TO REMEMBER:

    1) Abide by the laws.
    2) Stay on sidewalks.
    3) Follow traffic rules, show courtesy to other pedestrians.
    4) Do not block building entrances.
    5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.


    WHAT TO BRING:
    Plenty of water, snacks and sun block (if needed).

    BANNERS AND SIGNS:
    Do not bring your own signs. We will have banners and signs ready for you.

    FOR DRIVING DIRECTIONS TO THE NEW CITY HALL IN SAN JOSE, SEE BELOW:

    http://www.sanjoseca.gov/newCityHall/gettingThere.asp (http://www.sanjoseca.gov/newCityHall/gettingThere.asp)


    IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.

    -----------------------------------------------------------------------------------------------------------------------

    Regards,
    Immigration Voice Core Team.





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  • kokil
    05-17 09:26 AM
    I have my H1 B extension approved for 1 year after 6 years time frame, based on approved I140. Now there is another start up company is giving me full time job. So they will ask for at least 3 years of extension. What are the chances that I will get 3 years extension based on existing I140?


    -Jignesh



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  • ameerka_dream
    10-07 05:28 PM
    Thanks for bringing his true nature in to limelight and americans will realize from this. This hypocrite always boasts himself as monk and tries to fool American people with covering his inner character.

    This stinky ba%^#@rd speaks loud and confuses American people a lot with out giving the clear picture of broken legal immigration and with out mentioning the pain of long waiting legal immigrants. He always mixes legal with illegals and confuses all with his border protection preachings and with out respecting business immigration.





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  • MCQ
    08-07 05:28 PM
    I should have added - I'm STILL employed by them - that's how smart and forward looking they are - been bought over twice, but same management is still in charge of my division and same attitude still prevails

    McQ





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  • lonedesi
    06-02 08:55 PM
    The video clip has been posted on the website and the link is

    www.ktvu.com/video/9315563/index.html?taf=fran

    Great job IV and Pratik !!!





    chanduv23
    09-17 03:18 PM
    Chanduv23,

    I am sure your words of encouragement were well taken by everyone.
    You did well, encouragement is encouragement....
    "Even though eagles have best flying skills...still they need a push"

    best

    Definitely - thanks.

    We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.

    I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.

    Remember - if you don't care for your farmers - after a while - you won't have food.

    Life is not all about being lethargic and not caring for things that matter

    When things go bad it is we who have to correct them - we must make sure they never happen to our children

    Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.

    Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on

    Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.

    All we have to do is to unite and stand up for oursleves.

    So, lets all go to DC and support IV for taking up this wonderful task

    Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.





    Blog Feeds
    01-12 07:30 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhlun5E9e41u6OmK_8CRq1iYAMg7BFeAvG-eGDqSETImfQWweeaia8821tzcXDvdHe6F0x8FU5yLK5Shx3HpHMkEvN3Y3uiMmdNCK8Zhops6-BevXyLUfcjI8LiXNrtZaNopohSuUUNS3g/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhlun5E9e41u6OmK_8CRq1iYAMg7BFeAvG-eGDqSETImfQWweeaia8821tzcXDvdHe6F0x8FU5yLK5Shx3HpHMkEvN3Y3uiMmdNCK8Zhops6-BevXyLUfcjI8LiXNrtZaNopohSuUUNS3g/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.


    It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.


    As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).

    The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.


    I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.


    Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.


    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,



    Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
    Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
    Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
    We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.

    https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)



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