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  • vnkpaul
    09-15 04:09 PM
    I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
    I have been on L1 2 times for about 1 year duration each time.

    My questions are:

    1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
    2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
    3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?

    Please reply... Thanks in advance...





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  • mallu
    02-22 07:17 PM
    Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.

    And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)





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  • smuggymba
    08-21 12:35 PM
    Thread Starter - unless you tell EXACTLY which GC category you fall in, when exactly was it applied - is the employment based, family based or what........ur asking questions but tellt he TECHNICAL details of your case..rather than saying USCIS is bad etc.

    USCIS evaluates an application when they open it for the first time - if they saw ur application 6 years later and a single field were missing...u'll have to file again.

    To me it seems like - u were illegal when u filed becuase u came here for a month and instead filed for GC, which was not ur original intention.

    The work u do here will get u a job in canada easily. Tons of ppl are moving to canada from US just because of this crappy USCIS and GC process.

    Contact an attroney, if u dont have the money, request someone pro bono favor or contact some agency. I'm not sure if canadian consulate can help u.





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  • bfadlia
    02-03 02:46 PM
    Do you only do what IV support ? Did I say anywhere I want IV o endorse it ?

    I did not mean to run you down, but was questioning whether such thread can get us anywhere.. u obviously can't do this by yourself and if u seek the support of some IV members to do something that will harm other IV members this will only divide and make us weaker in seeking a siolution that helps us all



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  • Openarms
    10-16 05:09 PM
    This is one of the most important issue on this forum that ever taken care. I will do send letter with in couple of days.





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  • Macaca
    01-30 07:03 PM
    Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.


    Is this a new rule? I have paid for my H1 with a check to INS (before name changed to USCIS). I think everyone else paid for H1 with pay check to INS. I was also supposed to pay for (non-company) lawyer fees for GC.



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  • yabadaba
    07-13 05:13 AM
    yep ..thats what shes done/trying to do..claim credit for her "hard hitting" letter.





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  • willgetgc2005
    04-20 05:11 PM
    If there si anyone form Cisco, can you please post this info in Cisco masala mailing list ?

    I will send my phone number as pm.



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  • DSLStart
    01-09 09:54 AM
    VEry well said.

    We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!





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  • kartikiran
    03-18 01:24 PM
    Its more than 6 yrs now, since I started my GC process.
    __________________
    PD Date: 03/25/2002 EB3
    I140 aprvd from TSC: 06/2006
    485 filed @ TSC: June 29th 2007.



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  • nomi
    12-13 12:21 PM
    I am sure that the IV core has already explored this option. We need some kind of feedback from them.

    ===============
    First they ignore you, then they laugh at you, then they fight you, then you win.
    - Mohandas Gandhi

    Slogan of the Linux community


    Sure... we will wiat for IV Core Team and their approval. I am writing letter to USCIS and then I will paste it here so you guys can also see and we can fix it and add or remove stuff from it and once we make it final then we will give it to core team so they can look and approve it or change it if they want. I will paste it here once i am done. Let keep it moving untill we get some feedback from core team .

    thx.

    nomi





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  • thomachan72
    07-13 09:20 AM
    Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?

    Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D



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  • bayarea07
    08-06 07:46 PM
    Read Post above yours and you will have the answer.

    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.

    Thanks
    Mo





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  • vik123
    01-10 01:20 PM
    That's right.We need to show them our strength not our weakness by pulling each other legs and talking negative things about India.
    As for them we are third world cheap labor.



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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf





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  • tikka
    07-05 11:28 AM
    http://digg.com/politics/Reversal_Fr...ard_Applicants


    thank you



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  • ncrtpMay2004
    09-09 02:13 PM
    You know it takes serious $$$ to get anything moving.
    Please consider $50/month level.





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  • dreamworld
    11-17 05:14 PM
    guys, looks positive to me. if you can get better job, beat the Green Card suffering for good-prof-experience.

    Can I switch at this time and i need your advice.

    I am on 7th year (visa valid until 2008 March) and Waiting for LC approval.
    Lets say, switching to company B.
    Company B files LC, Say LC does not come in 1 year

    At company B after 1 year of pending GC during 7th year.
    Can I get H1B extension based on my pending Company-B's LC?

    If I can, then i will consider switching.

    Want to move on and keep competitive...





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  • Legal_In_A_Limbo
    03-10 11:10 AM
    Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28

    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.





    Dhundhun
    07-13 11:48 PM
    I read somewhere that now all the applications - 485/EAD/AP, for one particular applicant, are adjudicated by the same officer. This is a new process change to improve efficiency. I think the article I read indicated that it was already working that way at TSC.

    Unfortunately, i don't have the link, but I will post it if i come across it.

    My case (I485) is with NSC. The e-filed EAD renewal also got LIN number, but (may be due to load distribution) it is being handled by MSC.

    Does this imply everything will be handled by MSC instead of TSC? I think source article is needed to analyze, what is happening.





    go_guy123
    06-08 06:58 PM
    Same old stuff. I dont see a light at the end of the tunnel till some immigration reform bill gets shoved in or a comprehensive immigration bill is introduced.

    The obama administration is not in a mood to touch immigration and we live to be scape goats of policies back from 90's.

    Immigration is the third rail of American Politics. Nobody wants to touch that.
    Obama and his party wont risk election 2010



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