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Saturday, June 25, 2011

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  • gc28262
    01-28 03:41 PM
    I don't think AILA is fighting this memo on the grounds that it is illegal because of the fact that E-E relationship is illegally defined by USCIS, but they are fighting on the grounds that it is illegal because such directives should come in the form of laws!

    Simply put, they are telling USCIS to follow the laws passed by the Congress without providing their own interpretation. This could very well apply to AC21!

    AILA is fighting this on 2 grounds.

    1. Opening argument-- USCIS has no right to "make laws" through a memo
    2. Main argument -- USCIS interpretation of E-E definition is illegal. It contradicts INA etc

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  • breddy2000
    12-09 06:36 PM
    Bump Bump..

    Folks dont let this thread die..

    Moderators can we have link of this thread posted on the homepage????

    Posted my comments ....

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  • NKR
    07-02 08:17 AM
    Some of the reasons I can think of�

    Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.

    Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.

    Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.

    They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.

    In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.

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  • Macaca
    11-07 02:27 PM
    The following are clear cut abuses.

    I want to give some fraud and abuse examples. Unfortunately, there are some bad apples in the H-1B visa program.

    In 2005, a man was charged with fraud and misuse of visas, money laundering, and mail fraud for his participation in a multistate scam to smuggle Indian and Pakistani nationals into the United States with fraudulently obtained H-1B visas. The man created fictitious companies, often renting only a cubicle simply to have a mailing address. He fabricated tax returns and submitted over 1,000 false visa petitions.
    Another man pled guilty last August to charges of fraud and conspiracy. This man and an attorney charged foreign nationals thousands of dollars to fraudulently obtain H-1B visas. He provided false documents to substantiate their H-1B petitions.

    Also, an Indian outsourcing company was fined by DOL for paying lower wages. Another example of clear cut fraud.

    I am also anxiously awaiting this report.

    The U.S. Citizenship and Immigration Service is also worried about fraud in the program. This agency's investigative arm, that subdivision called the Fraud Detection and National Security unit, is doing a fraud assessment of the H-1B and L visa programs. I asked the unit to brief my staff on their work, and they reported they are not finished with analyzing the data. Senator Collins of Maine and I put the agency on notice that we are anxiously awaiting this report so we may continue our quest to reform the program appropriately.

    The questions are

    What is a fraud?
    How will yo detect a fraud?
    How many companies are commiting fraud?
    How many workers are involved in fraud?

    Remember, they are not interested in benefit for worker. That is, something that is a problem for worker (kind of issues mentioned in this thread) are not of interest to them.


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  • desi3933
    07-11 10:50 AM
    Now that USCIS / DOS know that they have made mistake and also aware that this is exposed to the entire country. So this is what they are doing.

    1. Keep all the applications pending so that AILF could not start the lawsuit. ALIF needs rejection proof.


    2. Updated their site stating the receipt notice will be sent after Aug 1st, So everyone keeps quiet till this date.

    How does it matter?

    3. I beleive, the Judge will rule out by July 29 saying that itis fault of DOS / USCIS and say they have to accept all the applications which are filed in July leaving the applicants only two days to file.

    Highly unlikely. The lawsuit could take one and half year (or more).
    Even if judge rules on July 29th, usually a reasonable time is given. How did you come up with 2 days.

    4. No one can argue that all the ELIGIBLE applicants should be allowed to file. The reason is NOT all the eligible applicants filed in June. Also if you feel that you are eligible for July, then you should have prepared all your application papers ready by July 29. If you cannot file, you are out.

    I feel, this is what is going to happen. So better prepare your papers and keep it ready.

    The big question is, how you define "ELIGIBLE applicants"?

    Any lawsuit needs lot of time and patience. And none of emotions.

    Not a legal advice.

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  • paskal
    05-24 10:06 PM
    May be US corporations can tactically support this bill because this bill will impact Indian bodyshoppers severly. For past 5 years US companies could not compete with Indian companies as they have more leverage on H1b. Now if Indian companies avoid H1b US companies can get any time they want as they can satisfy most of conditions

    that you have this marvelous full time job with an american company and are so very holier than thou...

    btw i have a job like the one i described above, but preaching does not come naturally to all of us i guess.

    i'd like to know if you care a crap about anyone whose life is likely to be severely shaken up by the things you propound here. remember they are simply innocent bystanders, they neither made laws, nor bent them. just tool jobs offered and did their work...


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  • nixstor
    05-23 02:10 PM
    I don't think I agree completely. I called all of the lawmakers for the CHC campaign, and while you are right, I spoke to the assistants, they were all polite and promised to pass on the message, which is what matters in the end.

    Lawmakers know that we do not have voting privileges yet, but they also know that we are contributing to this economy far greater than many. I do not remember the source or the thread, but this question was asked before about an online petition, but ironically, that is shown to be not as effective as phone calls.

    If you ask me to sign a piece of paper, I might do it even if I am only vaguely supportive of the idea. But I will certainly not take the trouble to call (or better yet) go to the senator/congressman's office and present my case in person unless I really beleive in it.

    regarding your "saar.. support the bill..." comment, I would not go there if I were you. Thats a whole different can of worms and borders on an insult to a) people who are not from that part of India (or for that matter the world) and b) more importantly, for people from that part of the world who are in this country since a long time and have taken the pains to lose the accent.

    Finally, even if one speaks in an accent, is that the sole reason for a lawmaker to disregard him? Then should a Tennessee senator not listen to someone from New York because the New yorker speaks English in a New York accent?

    Please remember IV may be largely Indian, but it is a meeting place for legal immigrants from all over the world. The same way as India may be "largely Hindu" but it is still a secular country and we have had many great citizens and leaders that were not Hindu, the current president notwithstanding.

    Very well answered and the sarcastic language the OP used just shows elitism and out of touch with the situation at hand.

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  • burnt
    04-09 12:30 AM
    I received a call from my lawyer last week saying he got a call from USCIS asking the lawyer whether my wife got the TB Skin test done or not, as she did not get it originally as we were expecting our child at the moment.

    I sent the lawyer the scanned copy of the TB skin test results and posted him the sealed envelope separately yesterday, which he was planning on Faxing over to USCIS. Today I saw a soft LUD on my wife's I-485.

    Don't know what this means? Its hard to belive that my Lawyer is so proactive to send the fax right away. And I can't believe that someone at USCIS actually updated my wifes case after lawyers response...

    So don't know whats going on there... Friends whats meant by pre-adjudication?


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  • sdrblr
    08-14 10:42 PM
    you have a sound logical argument

    Ok, among the many replies to what i wrote, a few have been rational discussions. A healthy argument is always encouraged. However, I will dissect the above post line by line to pinpoint exactly why some people completely deserve the treatment that they get. Here I demonstrate how a healthy discussion is hijacked by imbeciles and that is why IV is doomed to failure.

    "Till now, i used to believe that USCIS is working hard and eventually they will clear all the backlogs and give the GC to everyone. but by seeing your post, i think i am mistaken, they are doing a big mistake by giving a GC to people like you. "


    "Once you become a gc holder and then a citizen, you will question a lot of other things, like giving social security/medicare to poor people who have not contributed and will also question the tax cut(1000$) given to each child when claimed as dependent , as you will argue that , i was doing my second Phd and others who dont have anything else to do, made children and are now claiming the cut. "


    "All i am saying is that american people are in great danger by allowing people like you to get the GC and citizenship."


    This is precisely why IV hasnt achieved its goals till now and probably never will.

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  • ItIsNotFunny
    10-08 01:12 PM

    I did a quick search and did not find answer to this. Apologise if this is a repost.

    But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?

    Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.

    Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".


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  • pappu
    11-15 02:56 PM
    You are hitting the right buttons here! You can say it is either laziness or fright/jitters or the comfort of current H1B approval/stamp that is making the large populace to sit tight.

    Guess what, once some of the battles are won (we can never win all - they will always be ongoing), we should either knight pappu or induct him to "IV Hall of Fame".
    Thank you Janilsal. People like me come and go after finishing their work. I just want IV to be remembered for getting rid of retrogression and solving the GC problems that plague hundreds of thousands of high skilled immigrants. each and every member of IV is important in order to achive this. one member or even the entire core cannot do it alone if there is no support and efforts from IV members. IV members are more important than one member in this struggle.

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  • sobers
    02-20 02:47 PM
    Note: Sen Domenici is one of the original cosponsors of the PACE Act. Consequently, some of the provisions are similar.

    Domenici Unveils U.S. Immigration Reform Bill
    from the Office of Senator Pete V. Domenici

    Friday, February 17, 2006

    WASHINGTON � U.S. Senator Pete Domenici today introduced legislation to reform U.S. immigration laws, recommending a strategy for dealing with millions of illegal workers in the United States and improving guest worker guidelines.

    Domenici today offered the Welcoming Immigrants to a Secure Homeland (WISH) Act of 2006. The comprehensive measure is the second major border/immigration bill offered by Domenici, who believes in a two-step reform approach�secure America�s borders and reform immigration issues. In November, he introduced the Border Security and Modernization Act (S.2049) to address border security issues.

    �As a border state Senator and the son of immigrants, I have a unique perspective on immigration. I understand the need to provide a secure homeland for my constituents who see the problems caused by illegal entries into our country every day. I also understand the need to welcome immigrants to our country, so that America remains a country where hard-working, entrepreneurial, and intelligent immigrants can prosper,� Domenici said.

    The WISH Act would authorize a series of reforms to U.S. immigration laws including:

    � Improving immigration law enforcement

    � Creating a new guest worker visa

    � Establishing a process for illegal immigrants in the U.S. to gain legal guest worker status

    � Improving foreign student, highly-skilled worker and visitor regulations

    �The time is right to fix our immigration laws, which are not working properly,� Domenici said. �My bill strikes a sensible and realistic balance between cracking down on illegal immigration while encouraging legal immigration. Slamming the door on immigration or unilaterally deporting millions of illegals already in the country is just unrealistic.�

    Domenici said he will encourage the Senate Judiciary Committee to carefully consider his WISH Act and S.2049 as it readies comprehensive border security and immigration legislation for consideration in early March.

    Domenici�s bill would increase the number of Department of Homeland Security personnel to investigate human smuggling, employment of illegal immigrants, and immigration fraud. The bill would also increases penalties for violations, as well as provides a system for verifying worker employment eligibility.

    The bill would create a guest worker visa for up to three 3-year periods (9 years total) for immigrants to gain legal entry into the Unites States, and potentially apply for permanent resident status. The bill would allow 500,000 such visas the first year, with subsequent visas increased based on market need.

    The measure establishes a program to allow illegal immigrants now in the United States�estimated at up to 12 million people�to apply for legal guest worker status. This proposal entails paying a fine and obtaining a legal guest worker visa.

    The bill would clarify the limitations and restrictions placed on student visas after 9/11 in order to allow high-tech foreign workers and full-time foreign college students to study, work and travel in the United States. It would also establish a means for foreign students who graduate with honors to be allowed to work in the United States.

    The following is a summary of the major provisions of the WISH Act:


    ? Requires DHS to add new investigators and enforcement agents to curb human smuggling, hiring illegal aliens and immigration fraud, and add more personnel to process student visa applications.

    ? Increases penalties for aliens working illegally and employers who hire illegal aliens.

    ? Requires social security cards to be machine-readable and tamper resistant.

    ? Provides for employer participation in a system to verify the employment eligibility of aliens and to track aliens� employment.


    ? Creates a guest worker visa for aliens to legally come to the United States with their immediate family, work, and travel for up to three 3-year periods. The alien must undergo a medical exam and background check to qualify, and must remain employed to stay in the United States. These guest workers would be allowed to begin paperwork for a change of status to permanent resident after they have been in the United States for 6 years under this visa; if they do not apply for a change of status, they must return to their home country upon expiration of the visa for at least 3 years. Failure to depart upon visa expiration would mean that the alien would be ineligible for any immigration benefit except asylum for 10 years. There would be 500,000 visas that could be issued in the first year under this section; this number could be increased in later years based on market need.


    ? Creates a program to allow aliens who are illegally in the United States to obtain the above-referenced visa without leaving the United States. The alien would have to pay a fine for being in the United States illegally and go thru the same application process as aliens applying for the visa legally. These aliens would have to apply for this visa within three years of enactment of the WISH Act. If an illegal alien fails to apply for the visa and remains in the United States illegally, he would be removed and not allowed to apply for any immigration benefit except asylum. After being in the United States 5 years under this visa, any alien who had been in the United States for 5 years prior to the date of enactment of the WISH Act would be eligible to apply for a different visa (but not permanent resident status), but such a visa would not be issued until the alien left the country and reentered thru legal channels. If no new visa is acquired for such aliens, and for all undocumented aliens who have been in the United States less that 5 years before enactment of the WISH Act, when the initial visa expires (after up to 9 years, assuming the alien renews the visa and remains employed), the alien would be required to leave the United States for at least 3 years. Failure to depart when the visa expires would make the alien ineligible for any immigration benefit except asylum for 10 years.


    ? Removes the cap for H-1B visas for college and non-profit professionals and the world-wide numerical limits for visas issued to aliens who have earned an advanced degree in science, technology, engineering, or math in the United States.

    ? Allows full-time foreign college and graduate students to work part-time while studying in the United States.

    ? Allows foreign students who graduate from a U.S. college with honors and who have a job offer in the United States to transition from a student visa to a work visa without leaving the country.

    ? Allows foreign students to travel outside of the United States to attend a seminar that is related to the student�s chosen field of study.

    ? Allows guests who are in the United States temporarily on a B-1 (business) or B-2 (traveler) visa to travel no less than 100 miles from the international border during their trip.


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  • ash0210
    02-01 02:06 PM
    My company posted on Dice&Monstor, 10-15 versions of my resume with diffrent combinations of my first name/fathers name and Last name.....

    They call it..."Marketing" your profile!!! The American recruiters who knows me, use to call me & tell me that they have "hit" of my resume with names like...A.ASH or S.ASH or H.ASH...and so on..while the content of my Resume remains same!!!

    When I am trying to reqruit someone from dice, I see resumes that are heavily bloated to an extent. I see similar resumes with names changed and some words changed both from same city, so maybe they are from same consulting company, i have to dig through in detail to figure out a good resume and finally the chances are that I may have gone through a bloated resume are high.

    One suggestion that is in above post is good, INS can releease skills associated with filing h1b petition and match with skills on resume.

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  • aj1234567
    05-01 03:16 PM
    Today I have seen soft lud on my 485 application, My pd is dec06 eb2-India, I have called uscis IO she updated my address and she told me that they are waiting for visa number once visa number is available they are working on my case, I asked her why I got soft LUD, she replied that IO opened my file and find out that country VISA number is not available. Because they touch my file I got soft LUd.



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  • aviko21
    09-29 12:46 PM
    Please consult a good lawyer rather than worry yourself crazy. The thing is that you don;t know what the problem is yet! So you can;t find a solution till you know more!

    Please do post what your lawyer finds out

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  • breddy2000
    12-09 06:36 PM
    Bump Bump..

    Folks dont let this thread die..

    Moderators can we have link of this thread posted on the homepage????

    Posted my comments ....


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  • indyanguy
    11-11 09:48 AM
    Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:

    "For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"

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  • alkg
    11-19 08:50 PM
    Hi IV Members

    I am 2nd July filer and till date i did not receive Advance Parole,but my wife received an approval notice from USCIS stating that they approved her AP(but AP not received) .

    And Today i got an email from USCIS guys stating that my file for AP is under "Name Check and Background Check"..???????

    I just want to know from IV members how much time it will take to get clearance from background check as i have an emergency to go Home country. confused::mad::mad::(:(

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  • vsrinir
    09-17 10:45 AM
    There is one more thread like this.

    Please have only one thread , to consolidate information

    10-12 02:16 PM
    The govt. had announced something :
    See item (22) .

    May be ask Mr.Chertoff , "Sir, what is the status on your annoucement".

    I hope what that news release means is more than what is described in this article:,1,5647808.story?page=1&ctrack=2&cset=true

    In his yearly report to Congress in June, immigration services ombudsman Prakash wrote that the policy on checking names "may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country." questioned the overall value of the process, writing that it was the "single biggest obstacle to the timely and efficient delivery of immigration benefits."
    The Department of Homeland Security has acknowledged the threat, last month announcing plans to work with the FBI to address the backlog and reduce delays. Citizenship and Immigration Services will reassess the way name checks are done and earmark $6 million toward streamlining the process, Bentley said. [note: Chris Bentley is a USCIS spokesman.]

    In addition to clearing the backlog and processing the 27,000 new name checks it receives each week from immigration officials, the FBI is trying to accelerate the process by making more documents electronic. It is also adding more staff and moving resources to a new records facility in Virginia, Carter said. [note: Bill Carter is a FBI spokesman.]

    What we really need is something like what they had to do to clear the US passport backlog -- aggressive hiring and reallocation of resources to remove the backlog + reassessment of the value of examining reference files. Not a replay of the DOL BEC story OR the continuation of the current Kafka-esque situation albeit with few pieces of duct tape to show the press.

    I hope IV is making this clear in all meetings. $6M worth of changes are not going to fix the problem.

    07-11 06:09 PM
    My 2 cents

    Please contact international students from local universities.

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