Saturday, July 2, 2011

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  • minimalist
    01-30 04:40 PM
    I can't help but laugh at all these taking moral high ground. They talk like this even after looking at what is happening in so called highly ethical american corporates.
    There are rules and people smart enough and daring enough go ahead and push it/bend it as much as possible to achive what interests them most.
    As of April 2009, the person who asked the original question and the consultant who asked the question assumed they should be able to land a contract job once October rolls around.
    It is a common practice, without going into how it is unfair for the numerous others who have job offers in hand.

    Now what would you say to the people who sold houses worth 500,000$ to the people who are making 40K per annum or so? The people who took the risk bear the reward or repercussions.

    The person who took a risk by applying for H1 without a client offer, and the consultant would have been rewarded financially if they were able to land a job.
    Now that they can't, they have this potential of being illegal stay/out of status or whatever that they have to deal with.
    So I suppose, if we can help him with answers to the questions he is seeking and provide any guidance that will help him deal with the results of his decision , as many are doing on thread, that is great. If not, don't have get so preachy/flamey.

    Peace out.

    PS:Aksham,this is not directed at you.
    I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.

    Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.




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  • flthere
    07-22 03:34 PM
    Don't worry EB2 Dude! Nothing is going to happen. You will still enjoy the enhanced status that you currently have. The EB3 folks like myself have far too much lethargy/timidness to do anything. The fact that they are still in EB3 after so many years is proof of that. :D

    Only after USCIS starting publishing the 485 inventory did the EB3s understand that they waited all along in vain and started porting to EB2. And now when EB3 guys want to move up to EB2, their employers are telling them that they too are in a helpless situation coz they can now find American citizens for the same position.




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  • apt29
    01-30 12:32 PM
    H1 is valid for an year from the date of last used/Approval.

    Just for replying to this query - I have got 40 or so negative reputations.:confused: I understand that this is Free Lawyer Conference call forum.




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  • gmpa
    07-20 08:23 AM
    Count me in.



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  • GC08
    07-08 02:54 PM
    In order to understand the situation please look at Macaca's post on anticipated usage as opposed to real usage. Apart from politics and other pressures, biggest reason for revised July Bulletin is June bulletin itself !!!. June bulletin had a biggest jump in dates in recent past (aside from doomed July bulletin). This lead to a huge number of fillings in June, no one knows how many at this time, but looking at the way receipts are coming out from USCIS they have not finish with receipts of first week of filers. DOS unaware of such huge spike in fillings went ahead and made everything current based on available number of visas. The only way this could have been avoided was USCIS communicating with DOS that June AOS fillings would suffice to exhaust the quota for the year. If the communication between the agency had been sound they would have made everything "U" in the first June bulletin itself. But when the bulletin was out it was too late to do anything. The only thing USCIS could do, was to exhaust the Visa numbers as fast before July 2 the date when flood gates were supposed to be opened. They did just that. That's the ONLY way USCIS could affect DOS bulletin, nothing else would have worked. As far as timings goes, why not early or right after when they realized that June AOS fillings would exhaust the numbers, perhaps because ONLY way to put a hard stop to any filings in June is exhaust the actual numbers not the anticipated demands. Remember exhaustion of the number is the only way to put a complete stop in fillings, anticipated demands are used only to set the dates in the bulletin. That explains the timings, USICIS needed every single day in June to finish the numbers and they just did that!!!!
    In conclusion reversal of bulletin is less of a conspiracy and more of the bad planning and execution and primary reason for reversal is June bulletin�s big jump. That�s my 2 cents on the matter.

    But that does address the question: if they can finish those cases in such a short period of time, how come they did not process those cases earlier? Contributing everything to communicating and planning is a stretch. They are definitely factors. But not the factors. What about wasting of visa #s in prevous several years! :confused:




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  • pamposh
    08-18 01:14 PM
    I think IV core shud take the matter with USCIS or the concerned people.

    This is really not fair at all. What is the point of the PD then and to top it of there is no one we could contact and have them listen to our concerns.



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  • sbabunle
    05-03 05:12 PM
    Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
    thanks
    babu.




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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?



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




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  • crystal
    07-05 11:11 AM
    You are absolutely right. The thread owner should have explained the concept for the non-indians and made it more acceptable by others.
    It is never late , the thread owner can you please update in the first page regarding what this is all about.

    Please remember, forum rules mandate posts in English. Thanks for excluding and alienating.

    Junior members, please read the posting guidelines. Lasantha, you are not being ignorant at all



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  • ink_123
    08-30 03:38 PM
    Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.




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  • sam_i02
    07-10 08:33 PM
    Just got back from Canada.
    All went smooth. Upon arrival at Toronto (Pearson) Airport, the Landing procedure was very smooth and pleasant. No questions asked about our business in the US at all and about how long we were going to be in Canada. We dealt with 4 different Canadian officials at various points in the landing process and all were very pleasant and easy going.

    We stayed in Canada for a week. Liked it. Did a lot of sightseeing and research all over Ontario. We will be going back in December to British Columbia to check that side of the country out and decide where we would live if we move to Canada.

    This afternoon (07/10) we flew back to the US. Once again we got no questions about our business in Canada. The US IO did ask how long we were there for.
    The AP processing took about 45 minutes and after that we hopped on the puddle-jumper and landed in Baltimore. The US IOs were actually the nicest i have seen (had not left the country since 2000) and i noticed that all the IOs were minorities (middle-eastern, Indian, pacific rim origins).

    Overall good trip + we have Canada in our back pocket in case there is no progress with our US GC in the next 12 months. I recommend others to do the same, our whole process took less than 2 years. Plus we did it on our own without any attorney. It is quite straightforward.



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  • sayonara
    08-30 04:38 PM
    Got the receipts for 485 applied on July 2nd to NSC. NSC--> TSC transfer. Notice date of 8/23.

    Congrats - Did u file on July 2nd?




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  • vsoni
    12-03 02:20 PM
    Is there any way I can help you?
    If yes Please PM me



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  • rssb
    09-23 09:10 PM
    dummgelauft porting is happening and you may be correct about non IT companies and big IT companies being unwilling to port.
    I can recollect 7 people immediately of which 1 is a genuine EB2 , 1 was a genuine Eb3 (2003) and remaining 3 have done labor substitution in Eb3 , 2 in Eb2 with dates ranging from 2002-2004 during the July Fiasco. 2 Eb2 people already got their GC's.

    The other 3 people now have at least 3 years exp from 2007 --> 2010. Making them eligible for Eb2 ( with a variety of education + work exp combinations).

    Lucky people are the ones, who could manage to get labor substitution during June-July 2007, got EAD's within 6 months, had the flexibility these 3 years and are now capable of porting to Eb2.

    In the end it boils down to how resourceful one is and adapts to the situation and able to make things better for themselves. Same goes for L1 -> EB1 route. Porting by a person who has a substitute labor of 2002 ( in July 2007) will also effect a genuine EB3 application from 2006, as they are moving ahead even in the Eb3 queue.

    Porting is here to stay , the only hope for people is to combine efforts and try to follow up on the various proposals ( STEM Exemption, visa recapture, counting dependents in family quota, and provide relief to people by at least letting them file 485's without waiting for dates to become current )




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  • 485Mbe4001
    03-28 11:31 AM
    :D yes. I want to predict what I will do (or what i want to do) to USCIS, but i will be banned.;)

    Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)



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  • mrajatish
    05-02 10:54 AM
    Stupid question, but I am sure it is in the minds of many others -
    1. When, if at all, will this be heard in the Senate given the current immigration imbroglio?
    2. Will the house have a similar bill?




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  • sathweb
    01-30 01:05 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representing false?

    People like you are the ones who are dividing the community.




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  • sbabunle
    05-03 05:12 PM
    Does SKILL or any other upcoming Bill would annul AC-21 rules? ( if enacted into law)
    thanks
    babu.




    sbanil
    09-24 06:21 PM
    Call USCIS on 1-800-375-5283. Then sequence to get the "Human" on line is 1-2-2-6-2-2-1.

    They asked me to wait 90 days before calling in with questions related to Receipt notice. They are advised now that it will at least take 90 days to get the receipt notices completed.




    balakishore
    07-20 10:27 AM
    Could some one please tell me on how to contribute for this issue ?

    I am ready to contribute a little.

    I hope everybody will contribute a little, so that AMAN will come out of this issue.

    --Balakishore

    ( Contributed $100 till today )



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