Monday, June 27, 2011

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  • sertasheep
    07-07 09:02 PM
    link to Dr. Bahrainwala's video: along, with some background info. Thanks to member mbawa2574 for capturing the video(is there a better captured version elsewhere?)

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  • nc_sekar_415
    01-27 04:08 PM
    Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
    1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.

    2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.

    3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.

    4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!

    We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!


    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."

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  • ashneels2001
    12-12 08:46 AM

    I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:

    Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.

    My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.

    There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.

    In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.

    You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.

    My best wishes to you!

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  • onemoredesi
    08-22 01:53 PM
    Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
    EB-1 (All Countries): Closely match to September 2007 VB
    EB-2 (All Countries): Closely match to September 2007 VB
    EB-3 (All Countries): Similar to January 2007 VB
    EB-3EW (All Countries): 10/01/2001
    EB-4: N/A
    EB-5: C

    Can any one tell me what EB-3EW means?


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  • simple1
    06-18 06:44 PM
    I support.

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  • admin
    03-16 11:41 AM
    Anything delay is the bad news !!! We do not have patience. Even single day delay is like dying for us.


    Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.


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  • knacath
    08-20 03:16 PM
    how did you expedite?

    On the phone (called the regular 800 #), no documentation was required.

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  • ronhira
    07-21 10:28 PM
    mike – what about some of the corporation r not american corp.
    donna – it doesn’t matter. ha ha
    mike – indian corporation is hiring indians,
    donna – that’s right, but doesn’t matter where they come from, we have to tell that they r taking away from
    what will happen is that they will cease to exist. tata has not applied for 1 h1b.
    kevin – they get people on company2company transfer
    donna – because durbin bill hit the nerve, that essentially, h1b is dead in water, now l1 is being scrutinized by uscis, so actually, these cos have to hire locally
    we have to laying down tracks for – that the bypass of us citizens and gc holder creates the culture of exploitation – this is our version of best & brightest.
    if you look at our opposition – best & brightest, remain competitive, so this is, i think we have really strong chance to stay on message. democrats are articulate but can’t stay on the message, but we can. i meant it people.
    btw, compete america, gave up on job posting for 30 days from durbin bill. durbin bill not allow h1b on client site, so have to place americans on 3rd party cites, and 30 days to post a job on dol site for us. it’s the academic arena will choke, and there will be so many jobs for us in academic arena.
    kevin –schumer idiot thinks rich people wall street but we in it cannot make more than 40,000.
    barbara – someone will say 30 days – that will stop our mission critical project
    donna – no it won’t happen compete america, gave up on job posting for 30 days, because we were able to fight back, and we r in a strong position. we have to push for our agenda to strengthen our position.
    kevin – on durbin bill, who will testify in the committee hearing
    donna – nobody knows
    kevin – the message is fragmented, donna the first one to say, get on to the message
    donna – the players and politicos, who will talk about this, there is a big group who called me last week,
    barbara – yes, we r fertilizing the soil.
    donna - there is a republican who wrote this book – who said – its not what we say its what they hear. when we say after labor day – we are fighting for our right to compete for the jobs – the unions around the country will go wow, say anything that we have to defeat them.
    kevin – we put this on internet it will stay forever and people will see it.
    donna – someone in dean campaign, is interested in helping us
    kevin – we have to get sound bites on the news, mostly its ron hira or kim berry
    mike – one can
    donna – a large organization will put me in 1 of the hearing. let’s guarantee that, by showing our level of sophistication. so target h1b only wants ads, companies are recruiting abroad for american jobs.

    have to checkout now, have to head out, thanks everyone, bye guys.

    if we play our cards right, we maybe able to get our contingent for the hearing. well great, i’ll do it next september.

    alright bye bye.

    waste of my 1 hour, will not my time ever on these losers, now i know why they can't keep the job that they have, and why they can't find a new job.....


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  • krishnam70
    06-18 10:55 AM
    OK! I just gave you two GREEN dots! :D

    I am I happy ? Two green dots look better than one RED... :D:D. I called my local senators office again yesterday to support the initiatives on the floor. They now recognize me when ever I call them because of so many calls :p

    keep up the good work folks the fruits of labor will be there to enjoy..

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  • LostInGCProcess
    10-26 08:51 PM
    My online status shows

    On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.

    Is it just out of curiosity you inquired about your pending 485?

    Do you have a good relationship with your former employer? If so, you can ask them and verify if they withdrew your any case that should not matter as long as you have passed the 6 months period after applying I-485.


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  • h1bmajdoor
    09-03 09:44 AM
    H1B + GC holders pay SS + Medicare (??) for which they are entitled only when they become citizen (this is questionable).

    anyone (*fine print - from a list of countries) who has paid SS for 10 years or more, and was legally in the US, is entitled to SS benefits, like a US citizen.

    these laws can change. but then so can anything else.

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  • hopefulgc
    05-19 10:10 AM
    This idea has some serious chances of getting through, if pursued. The biggest thing in its favor is the validation in the form of existing H1B quota for US educated Post grads.

    It will find extensive support from universities/academia for obvious reasons.

    Main opposition to this issue would be from non-us educated people who feel that they would be left out. Unfortunately, they will be overlooking the critical side effect that this provision would relieve pressure on current EB numbers.

    Each MS student invests atleast 20k for his program [average]. He/She doesnot get any benefit from taxes. However, its the university benefits from foreign students. If you take CS/EE/science program atleast 50% of students would be foreigners [avg].

    One of the main reasons why a Master's quota of 20k was added was to retain the "US educated" talent. I suppose we could argue on similar terms for GC quota for Masters students.


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  • sanju
    10-22 12:59 PM
    Here is an example of two-dimension thought process for a very complicated situation. Its implies if your political views do not align with mine, you are "anti-america" or another way to say this is, if I don't like you, you are wrong. Just trying to give some perspective.



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  • Pagal
    05-18 06:26 PM
    Hello Hebbar,

    :) Very few countries are free of quotas...they have them under one name or's just an age-old human power structure..

    The proposal is good, why not try it? What needs to be done?


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  • gcdreamer05
    11-21 03:03 PM
    That's very true. Shame on us for being lazy and waiting for the right moment.
    The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.

    Good job on bringing this back to fire.

    But one sad thing that Steve king of Iowa got reelected and he is ready to filibuster.

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  • mailmy_gc
    10-29 01:40 PM
    If USCIS says, there is no problem to continue with our employment as long as we have applied for EAD renewal, there wouldn't be all this emotions. Every one would have normal BP. They must just come out and say that I would be ok to continue working.

    It is so inhuman to treat us like this. They say "The day EAD expires, you must quit working until you receive the new EAD card".

    Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
    Is it OK to take paid vacation when EAD expires ?? or Do we need to take unpaid vacation.

    My EAD is pending for 100 days now. I still have have 18 days to go. I applied 118 days before... I tried all the ways, I can but none of them yet worked. Took infopass appointment, contacted senator, called USCIS and expadaite, sent mail to Ombudsman (no response at all).

    Totally frustrated ...

    BTW, did any one got EAD approval from NSC this week.


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  • sparky_jones
    07-02 04:07 PM
    Medicals : $450 (self + spouse)
    Photographs: $25
    Affidavits: $20
    Printing/Copying/Faxing: $30
    FedEx: $60
    Lawyer's Fee: $2,700

    Total: $ 3,285

    Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!

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  • sayantan76
    05-08 02:47 PM
    As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.

    This thread is to start a discussion and hear experiences from members who have received their greencard. Please write –

    - How has greencard changed your life after receiving it?

    No Material Change, except i can go to Canada on business trips without any hassle and dont have to get fingerprinted while re-entering US

    - What did you do on the day you received it?
    Since i had gotten the email from USCIS that its in mail - so no surprises

    - How did the long wait upset your life?

    I only waited 7 months - so no upsets - even before my GC was filed - i was in US for only about 2 years or so - so no big deal - in those 2 years - my employer did not discriminate in terms of promotions/ pay hikes etc. I had bought a house even before my GC was filed and spouse could work because of my L1 status

    - How did immigrationvoice help you during this long wait?

    Not Applicable since IV is not really focused (and rightly so) on my GC category

    - Would you like to continue your support to immigration voice and help others waiting?

    Sure - some of my closest friends are in H1B and i see how the long wait affects them and their families - having said that - i like to make up my mind (rightly or otherwise) about which initiatives are good or bad/ effective or ineffective- so as and when I see initiatives i get excited about like flower campaign, letters to various lawmakers etc- happy to help

    - Any advice for everyone?

    GC and Citizenship should not prevent anyone from pursuing their career and personal dreams - if not US - there are other countries where your skills would be welcome. Personally - i have given priority to career and family life ahead of visa issues and rest has automatically fallen into place

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership

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  • rahulpaper
    07-02 03:21 PM
    Total 1000+ (Medical/Photograph/Travel to Doc/Postage/affidavits/phone calls/etc).

    12-05 06:18 PM
    Providing ability to file AOS (485) without priority dates being current is part of the IV agenda. Nobody is ignoring the plight of those who have been left behind. IV is still working for your cause.

    Have patience. There's a funding drive for Recapturing going on right now. It will help you (and others) to file 485. If unused visa numbers are captured dates will become current again, and you can apply for AOS. Given that PDs will jump forward by years in every category you have a good chance of getting GC in a short period of time.

    Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?

    06-26 04:12 PM
    Could you please send to me also?

    Send you a PM also.