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  • abuddyz
    01-08 09:55 AM
    Dear Smisachu/ and others:
    I was also planning to go to Kolkata this summer to extend my H1B for another 3 years. Now, I am so scared reading all about the PIMS verification; delay of issuing visas; and returning passports. I am also sacred because I did not apply for any AP because at the time of applying for my 485 my H1B was valid (in fact it is valid till July 08).
    So, what would you guys advise me to do:
    (1) Go to Kolkata (with my 485 receipt notice, original) and return before my
    current H1B expires in July 08? Or, (2) apply for an AP (it is my understanding that AP is rejected by USCIS if someone has a valid H1B)? Please advise. Thanks.

    this is my thinking... number of cases which are getting delays due to this PIMS check should be considerably less when we calculate in terms of percentage... all the persons who are getting passport quickly may not be coming to these forums as they will be busy in their India trip (though there are few people who posted and I salute them). And I guess whose passport get delayed .. most of those must be coming to such forums... so in terms of percentage it might be 10% or less of cases.. so if we decide to go for stamping, there will be risk of passport delay but the probability will be less...

    these are just my thoughts.. no other source of information.





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  • desi3933
    06-16 12:06 PM
    ...
    L1 dumping is VIOLATION. They can not work at client's place. When there is a competition, it should be on fair terms. ....


    Agreed that L1 dumping to replace a worker is violation in many cases and should be reported. If enough people complain, that might force companies to mend their illegal ways.

    >> When there is a competition, it should be on fair terms. ....
    This is true ONLY in ideal world. The correct statement should be
    When there is a competition, it should be on actions that are legal.
    There are lot of things, that are/appear to be unfair, but are legal. Example - To replace 2 us workers that are earning 90k with 3 works with 60k salary. This may appear unfair (specially from workers point of view), but this is legal.

    Same way, there are many legal shortcuts that allow to place a L1 worker. These companies have highly paid lawyers and their job is to find legal ways to reduce costs. For obvious reasons, I will refrain from discussing examples of such legal shortcuts. Anybody who has worked in consulting environment for enterprise level projects for 6+ years can guess them.

    In this fast changing tech environment, I would like to put famous Charles Darwin quote
    It is not the strongest of the species that survives, nor the most intelligent that survives. It is the one that is the most adaptable to change.

    Good day!





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  • sanju
    01-09 11:25 AM
    What Mr. Aytes have proposed is too narrow. He is proposing that applicants whose application is pending due to Namecheck delay will not get the benefit for multi-year EAD. This is not what the current rule says. So asking for implementation of the current rule means asking for multi-year EAD for all I-485 applicants, not depending on whether or not Mr. Aytes is having a good/bad day.

    There is already a standing rule since 2004-5. It is now 2008 and he has not implemented multi-year EAD rule. Given their past record, I would prefer that we not depend on their good heart for implementing this change.

    One more thing, when thousands of people will write letters and something will get done, orgs like AILA and lawyers like Murthy will claim that they got it done for us :-), for our sake :-). Just wait and watch..... ;)








    I think we should not mention the bellow point in the letter which we are going send to the president.


    According to Mr. Aytes, USCIS is already working on it. Why to mention it in the letter?
    That will rather give anti-skill-immigration crying babies one more thing to cry about.


    Now what? Under the new filing fee schedule which took effect after July 29, 2007, issuance of EAD and Advance Parole for the post August 27, 2007 is "free, free, free" for the I-485 filers. Allegedly, the cost is incorporated in the I-485 filing fee of $1,020. The new regulation uses the term of "fee waiver" for EAD and Advance Parole for these I-485 filers. Now, you guessed it! Lo and Behold, the business calculation on EAD and Advance Parole has reversed. The DHS will lose a huge money by issuing single-year EAD and a separate Advance Prole document on a yearly basis over and over since they are free and they will have to keep producing it at no charge every year, which creates a huge workloads consuming its huge human resources and other production costs. This is particularly unacceptable to the agency under the predicted State Department Visa Bulletin for FY 2008 and in the future. Now, from the business standpoint, the DHS may make a huge money by issuing a multi-year EAD which will also function as a travel document. Ahah! No wonder why they are finally coming forward revealing their hidden agenda behind the new fee rule-making and EAD/Advance Parole reform business. Reportedly, Mr. Aytes of USCIS disclosed in a New York AILA conference that the USCIS was currently working on a single multi-year EAD card that will also replace the Advance Parole document. What a smart calculation it was in the new fee rule-making action





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  • ameryki
    09-18 02:56 PM
    anyone looking to start off with 2 free months of vonage pm me.



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  • pappu
    11-06 03:28 PM
    Check this:
    http://www.bibdaily.com/pdfs/Liang%2010-30-07.pdf

    Defendants assert that the background check is a complex
    process that must accommodate an extremely large volume of requests
    from the USCIS. Given the backlog of name-check requests and the
    FBI�s limited resources, they maintain that the delay of two and a
    half years in processing Mr. Liang�s background check is not
    unreasonable. There is some validity to these points, and the
    Court appreciates that the name-check process is indeed complex and
    resource-intensive. But limited resources or not, a common-sense
    rule of reason dictates that if the FBI was performing background
    checks with due diligence, it would not take two and a half years
    to process Mr. Liang�s name. While the Court is sympathetic to the
    demands placed on the FBI and the limited ability of the USCIS to
    control how the FBI allocates its resources, a lack of sufficient
    resources devoted to name-check operations is a matter for the
    agencies to take up between themselves or with Congress. The
    executive branch must decide for itself how best to meet its
    statutory duties; this Court can only decide whether or not those
    duties have been met.
    See Dong, 2007 WL 2601107 at *11 (�[I]t is
    not the place of the judicial branch to weigh a plaintiff�s clear
    right to administrative action against the agency�s burdens in
    complying.�).
    Moreover, although there is no Congressionally mandated
    timetable for the processing of I-485 applications, Congress has by
    statute expressed its view of what a reasonable amount of time is:
    �It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days
    after the initial filing of the application.� 8 U.S.C. � 1571.
    The Court recognizes that this statute was enacted prior to the
    events of September 11, 2001, and that the burdens on agencies with
    responsibility for immigration matters have since increased.
    Nonetheless, Plaintiffs� applications have been pending for five
    times the length of the period identified by Congress.
    Defendants argue that expediting Mr. Liang�s name check will
    prejudice other applicants who have been waiting longer than he -in some cases, since as long as December, 2002.
    While this would
    be unfortunate, Defendants� failure to fulfill their statutory duty
    to other applicants has no bearing on whether they have fulfilled
    their statutory duty to Plaintiffs, and thus cannot serve as a
    basis for denying Plaintiffs� motion.
    While Defendants worry that
    granting Plaintiffs relief may reward �the more litigious
    applicants� or encourage other applicants to file lawsuits,
    �perhaps recognizing this possibility will provide the defendants
    with adequate incentive to begin processing [I-485] applications in
    a lawful and timely fashion in order to obviate the applicants�
    need to resort to the courts for redress.� Dong, 2007 WL 2601107
    at *12.





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  • rahulsharma73
    07-10 08:41 PM
    Hi Guys,

    I sent the flowers on the address suggested bu some links on some websites but USCIS is not accepting if exact suite number is not mentioned on the address. I called their office and asked for the addtress for Emilio Gonzalez but they did not give suite#. But they mentioned that he is on 5th Floor.

    Please use the following address:


    Emilio T. Gonzalez
    5th Floor
    20 Massachusetts Avenue Northwest
    Washington D.C. 20529

    I know it will cost some money but please have faith on this campaign and keep sending the flowers. It will definitely create a big wave. This is the only way you can get some media recognition otherwsie no one other than us gain anything from it. Politicians are not intersted in talking about it. For media whole DOS / USCIS hoax is not worth covering as it will not get attention from americans. But by participating in the campaign will really get some attention.

    Let's help ourselves by sending flowers!

    Regards,
    Rahul



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  • psaxena
    06-08 09:14 PM
    Call USCIS and they should be able be give you the right direction. Please update us on how it goes.

    Hi Guys,

    I am pretty new to the forum (as a member), I have been browsing the same for quite some time and found it a good source of information regarding immigration related activities. Right now I am getting removed from my project as one of the top 3 Indian outsourcing firm is dumping their L1 resources at my client site and replacing all the citizens, GCs, EADs, H1 etc. These resources are used in projects managed and controlled by my client (most of them are consulting assignments) and these resources are used on java/.net/oracle projects, these two are violations of L1 visa restrictions set by USCIS, I want to know how and where to complain against this violation and we have all evidence to prove the same (project documents, time sheets, work assignments etc). Please let me know exactly and to which agencies we should complain.

    Thanks in Advance,

    Srini





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  • Saralayar
    01-15 10:35 AM
    Please register and vote positively, . Once logged in, search for immigration. AND vote for all the issues that are relevant for us. EB2 and EB3.. Vote for Legal immigrants

    http://citizensbriefingbook.change.gov

    Search for Citizenship also. It is posted in the Homeland Security and Foriegn Policy.



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  • sri1309
    03-12 03:15 PM
    Sri,
    It is already there in change.gov. I have created long back in January and there were 470 votesup for that idea. I think now that will be in the President's desk. Only thing now we have to do is accelerate this so that it again reaches the Congress.

    Sarala,

    Not a good answer( but I reallly appreciate your frankness and I know you do speak for most of us here) and I have been doing exactly like this before 3 months. We must keep writing again and again and again. And make as many as we know also do it. It was when someone in this forum told me that I realized this and now I do it every week on change.gov. I write every week.
    Obama will not come to you or me and tell us "Nice letter Sri, I read it and am acting on it". He gets 1000s of these everyday and in this economy and everyone wants to write to him., well except us who seems to have some comfort zone. we dont realize till its too late, and when it is, we create a new thread called " I got a pink slip yesterday". No offense,but we must act when we can, and before its late. Pink slip is more painful when you are on H1 than on GC. Right??.
    Most of our folks (EB3) as it looks like want to wait.. scared to raise.. but dont realize they can contibute and help the economy.





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  • bigboy007
    05-11 12:01 AM
    Hunter's Internet knowledge is awesome and hilarious .. May be this is how he does his coding if hez an IT guy... :D I dont think we all should get to his level to argue... Argument should be made with equally knowledgeable ppl.

    His "Distortion" of facts will not change the current scenario.. nor his Internet Knowledge will land him an OSCAR award.. Let him live in his fantasy life.. No doubt Hunter is from a "Great" culture... Unfortunately he doesnt know the meaning of that...


    Are you sure you are not confusing with Indian epics that discuss how Lord Brahma had sex with his own daughter? :D :D

    Unfortunately, you are showing your culture here with responses like this by clearly proving that you are incapable of provding a proper response. You are not making any case here, actually you are undermining it. This clearly shows the contempt that you have for the people of the country where you are desparately trying to immigrate to.

    If things were so rosy in India compared to US, you wouldn't be posting in this forum, will you?

    As a matter of fact, people like you, irrespective of the qualifications, should never be allowed to immigrate to anywhere. You should remain in India or should I say "arsha-bharatha"?



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  • kumar1
    11-22 02:35 PM
    sledge_hammer - You call me fool, I think you are a #1 "you know what"! And, I am not even going to reply...so write whatever you want to write.

    When you buy a home you sign a contract saying you will pay the loan amount at the end of the loan term with interest. There was a commitment made. And you are saying people who walk away without fulfilling their obligation are smart? Fool!


    And who do you think is footing the bill for bailing out those banks? its you and me! You are not only dishonest and unethical, you must be really dumb if you think you are not going to be paying for the mistakes of people like punjabi when they "walk away" from their homes. Idiot!





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  • akela_topchi
    08-07 11:11 AM
    Knowingly, or unknowingly, you are dividing this community on meager self-interests. That's the worst somebody can do to IV.

    We don't need NumbersUSA to divide us when people like you are here...



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  • sobers
    02-21 11:29 AM
    Looks good....just take out the part of H1B....that is not our cause!





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  • gc28262
    06-13 01:25 PM
    gc26...., It seems that you have missed the point again. Any logical person will have the capability to comprehend that this thread is against visa abuse in L1 category.. If you still didn't get it, objective is to explore the options to report abuse of L1. Benefits are: genuine people still get the opportunity, reduce over supply in market, not bring wages down etc.

    Its that simple. If you can give me 1 good reason to not bring this issue up, I can definitely discuss the issue. But, stop giving me this crap about raising voice and being right...

    Totally, non baseless argument by you and Ganguteli...

    I never said raising this issue is illegal. BTW I was not replying to "l1fraud". My comment was directed at "dilipcr" who is of the opinion that Grassley's bill is good and IV core and the forum should support it so that he can have a secure job.

    BTW is l1fraud or others raising this issue out of love for law ? no way. That was my point.



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  • reno_john
    06-29 04:44 PM
    I always thought, the system was fair, it was only the overwhelming numbers of immigrants from certain countries that made it look unfair....but the closer I get to the stage where DOS decisions start impacting me, the more I realize that the system is not fair at all. The game of visa numbers and allocations is driven by white house politics alone...DOS being the spokesperson for the politics. Essentially the white house is directly throttling immigration through the DOS...on its own whims and fancy.

    I wouldn't say they are cruel, but they are certainly selfish..and are bent on sucking the blood of would be immigrants/working non-immigrants...the best way to prevent this from happening is to not come here....let the Indians/Chinese completely stop coming here on H1s/L1s and then we'll see how far can America fly...



    So, what made you import yourself here? You could have stayed back in your own country..by the way, coming on a H4 was a choice..it wasn't forced upon you...didn't you know before coming here that you would have to stay home on a H4? H4->F1, H4->H1...all these options are always open to you..



    America will fly even higher with or without India and chinese those days are gone, look into the future. In the past not many american used to take science and Technology filed but now its different.





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  • vtankala
    01-05 12:27 PM
    Yep great idea, i completely agree with other points except point#4. we should utilize facebook.com, myspace.com, change.gov to bring more awareness.

    good luck for all



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  • l1fraud
    06-15 11:08 PM
    Agreed on your point. But there are other discriminations at workplace such as , age, race, sex and sexual harrassment. Those who complain about it effectively terminate their careers. If you want to go , complain against this L1 misuse fine, but you are not going to get mileage, maybe some bad breath and bad publicity and eventual loss of reference & job. If your company / client has decided they do not want to persist with you, there are 101 ways they can get rid of you, legal or illegal, my suggestion is, if you were exposed,

    can L1fraud hold his head high in front of his client and still ask for reference with no sense of guilt in future? If not, he has lost half the game but now wants to lose the other half in a self destructive manner.

    Dude are you kidding me ... I am reporting a violation/fraud and I should hold my head down?? what kind of moral/ethical values you have.. I am keeping my head up (may be an inch or 2 higher than last 3 weeks) as my project manager and director (middle management ) fully supports me in this crusade. Most of the cases, upper management decides to replace all the local contractors with these outsourcing firms and once the contract is signed these companies dump all their L1 resources to projects and middle management who deals directly with the resources has minimal say in the process.

    Let me ask you a simple question.. WHY ARE YOU SUPPORTING THIS FRAUDULANT ACTIVITY??? .... think for a minute and then decide whether to reply me back or not.. bye.
    'Mileage for this complaint'.. in an economy when millions with eligibility are job less .. case regarding this fraud will have ZERO mileage! want to bet me on this .. come on dude.. come on. If you are on L1 visa talk to uer management and get it changed to something legally eligible to work on your project, instead trying to measure the mileage of L1 fraud, ICE/USCIS will measure that and we'll see whos head is going down here...





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  • TeddyKoochu
    10-06 11:50 AM
    Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.





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  • somegchuh
    04-17 01:47 PM
    Guys,

    I have heard from friends that if after 90 days of applying you don't receive an EAD card, you can walk into a local USCIS office and they will issue you an EAD. Is this still true? If yes, what documentation do I need to take with me? Its been 2 months since I applied. Anybody know how long it is taking from NSC?

    Thanks





    royus77
    07-09 09:55 PM
    This is awesome even before getting the flowers we have achieved what was intended.

    I request members to refrain from making personal comments.
    Everyone has got their opinion but if that is against our idea and thoughts we should tackle it fairly.

    Anyways KUDOS to Everyone participated in this cause.


    The message was reched to whoever it needs to ( Media) and USCIS make it easy by posting the same in www.uscis.gov website. This is a big victory for IV and the next step is to have a big rally to carry the message forward. Please vote to join rally in DC for the week end





    jungalee43
    09-11 09:14 AM
    Based on what the person from Rep. Lofgren's office said "there would be vote in two months", does it mean really the Sept. 26 is not "the last" date for this congress? Would there be a lame duck session? And then of course for all the politicians lame duck session would be the best opportunity to tackle this.
    From the link posted by 'polapragada', the person in Rep. Lofgren's office said that there was opposition. Nothing is coming out from IV core or any of the known sources. Obviously this is becoming an uphill battle but there is still some hope. The only and I repeat "the only" thing that we can do is contact all the judiciary committee members and express support. I feel we should also call Lofgren's office, Sensenbrenner's office, Pelosi's office to express support.
    Please note that the very fact that McCain is a republican nominee proves that these NumberUSA and FAIR are minorities even in extreme right wingers. They are just noisy.
    But as I have said our call campaign has been pathetic and we should be doing at least 100 times better.

    I just read DICE
    http://seeker.dice.com/olc/thread.jspa?threadID=9965&tstart=0
    They are very active when compared to us to stop this bill

    I think we need to act more. Rather than calling then again and again and irritate them,

    I think we should start the flowers campain again
    1. Where ever possible we need to educate our american fellow workes and people in these forums that this bill is about
    a. People already working in US
    b. They is no possibility to they will loose their jobs
    c. We already live here
    d. By increasing H1B is the real trouble for the American Citizens not GC



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