moonrah
07-06 04:29 PM
When GCSOON-Ihope becomes GC-IgotIt!
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
WoW...Congrats!!! I am happy for you.
Guys, guess what I am holding in my hand? Yes, that bit of plastic, object of our fantasies �.and nightmares. After filing Writ of Mandamus on November 1st, things went amazingly quickly and smoothly: on December 1st, the US attorney gave confirmation that the case has been approved and I received the card in the mail on 12/07.
What did I feel then? Really indescribable�Happy? It goes way beyond that.
I feel more relieved than anything else, like if I had a ton of lead off my shoulders�
May my story inspire, give hope and faith to all of you guys who are so depressed at the moment because of what happened, or did not happen should I say, in that shameful Congress.
As you will see, I had my head in a brick wall more than once. More than once, I was devastated and, still, I never gave up and made it through.
So, please, enjoy the holidays: as long as there is life, there is hope.
I know something about it:
Come here in 1993 as a student on F1 visa. Graduate and got Work Permit (OPT).
Find dream job in dream company. Hired directly by CEO himself.
Company loves me and applies right away for H1 and then Labor Cert.
Life is beautiful. The start of the American Dream. Not for long.
Attorney has been working for company for years. Always successfully.
Picks me for his first failure: screws up completely.
H1 denied. Labor Cert denied. Company gets mad: attorney is fired.
OPT runs out: company still loves me but�I am now out of status and�fired too.
Welcome to America. Life has turned dark. The start of my American Nightmare.
I am disgusted. Decide to go back to my home country (France).
I miss California. Find new company that loves me: apply for H1 again (this time, I am paying all fees, out of my meager savings).
H1 is approved, got stamp at embassy in Paris. I am back. Life is beautiful again.
Not for long. Exactly 2 hours (no kidding).
Find out that company is a sweat-shop and boss is a crook.
Pays me half (yes, half) what he was supposed to.
Go to INS to complain: �If you are not happy, go back to your home country�.
I swear that it is exactly what I am told.
Consult attorneys for a possible lawsuit: � Alas, your situation happens more often than you can imagine. Many unscrupulous employers use and abuse of would-be immigrants like you. Don�t waste your time and money in a lawsuit, just find yourself a new job�and be more careful this time�.
I am broke. Can�t even go back �home� and anyway I don�t want to.
Not with just my tail between my legs for the second time.
Home is here. I want my American Dream and I will get it, no matter what.
Decide to swallow my pride and endure the humiliation until I can find new employer willing to sponsor new H1 and pay all fees. I just can�t afford anything as I am hardly surviving.
Employer wants to fire me: �you are always complaining about the money�.
I have to threaten him (yes I did) to report his company to Dept. of Labor (most his employees are illegals and as abused as I am, not getting paid for overtime and so on�).
Imagine in what kind of atmosphere I am working�but I need this job to remain legal until I can find something else.
For sure, I will be out of there within a couple months at the most.
Don�t know yet that this nightmare will last�2 years. Still can�t believe it.
Had I known, I would have fled the first day, no matter what.
In my specialty, jobs are not easy to find.
Not to mention that this time, I have to be very �choosy��
Companies that I approach:
a) don�t want to hear about immigration or
b) don�t want to pay attorney fees or
c) don�t want to pay at least prevailing wage or
d) all of the above
All doors seem to be closed.
I have never felt that bad in my life: go see the doctor.
�You have all the symptoms of someone who is having�a nervous depression.
Do you want me to refer you to a good psy who could help you?�
No, thanks. I know why I am sick.
Finally find new company that loves me: apply for new H1 and they pay all fees.
H1 approved.
This time, I am holding my breath. We are now in December 2000. Seven years since I first came in the US. Time flies�and no GC in sight.
Job is nice, company is nice. Recovering from depression.
Boss loves me: decides to start for me RIR Labor in�.May 2001.
Yes, one month after that damn month of April 2001. You know what I mean.
Six months of advertising.
PD is January 2002.
Labor Cert approved �in July 2004. Concurrent filing I-140/I-485 in August 2004.
Get EAD. FP in September 2004.
Things change: company is now going down. Boss still loves me but�lays me off.
(Re)(Re) Start of my American Nightmare?
Attorney says: �Don�t worry (!!!) Employer loves you. Won�t revoke I-140. GC is for future job. Find new H1 job to maintain status and see what happens�.
This time, I am lucky (!) and find right away new H1 job. Company is OK, job is OK.
Later, previous company nicely recovers: got rehired!
Only thing: I will have to pay all fees from now on. Don�t care. Back on the right track.
Do Medical in April 2005.
I-140 approved in May 2005�but visas are now �Unavailable�. Nothing to worry about.
October is around the corner and new numbers will be available, right?
Just a few more months and I will have my GC. Wrong.
October bulletin comes out. EB3 World is back to March 2001 (PD is 01/2002).
I swear that I almost s..t in my pants. When is too much�just too much?
How much more frustration and anguish can I endure? More, much more.
By rage and stress, I pack up an extra 20 lbs in just a few months.
Most people lose weight when they are under extreme stress and/or depression, I do the opposite. I am now 40 lbs overweight.
Second EAD. FP again in October 2005. Life is paced by visa bulletins�
September 2006 bulletin comes out: EB3 World has now passed my PD.
I am holding my breath again. Rightly so, for the umpteenth time.
Third EAD.
Wait 2 weeks and start inquiring about the status of my application.
Call so-called �Customer service�: as usual they know jack s..t.
�Your application is still pending�. Thanks, I already knew that.
Make Infopass appointment at Los Angeles downtown office.
�Sir, I can�t tell you anything specific because your case is at the Laguna Niguel office.
Contact them at: CSC-XII@dhs.gov�
E-mail #1 on 09/18: (�) Status of my case? (�)
Response on 09/27: �the I-485 at question is still pending FBI name check clearance.
Once the file has been cleared by FBI, it will be adjudicated. The service has no control on how long it takes FBI to clear the case�.
E-mail #2 on 09/27: (�) When was that initiated? (�)
Response on 10/02: (�) On or about 08/19/2004. (�)
This time, I surprise myself: I am one more time devastated but remain strangely calm.
Even laugh about it. Nervously. Too much is just too much.
I had heard about that Name Check aberration before but had ignored it.
Like most people involved in that GC mess, I refused to worry in advance.
One bridge to cross at the time, please.
Weirdly enough, I am now almost relieved. Why? Because for the first time ever, I can be proactive and I CAN ACT!
I call my lawyer and tell her about those 2 e-mails: �That�s good enough to file Writ of Mandamus. That summarizes the whole situation, we don�t need anything else�.
WOM is filed on November 1st.
(I requested FOIPA and contacted Senators, President, Vice-President etc, etc�
only later just in case we would have needed more ammunitions).
After that, things go fast:
11/ 29: without any warning (!), LUD: �Your card has been ordered�.
12/01: confirmation from the Assistant US Attorney that my case has been approved.
12/04 LUD: �Your case has been approved�.
(So, they notify you that the card has been ordered�before notifying that the case has been approved�).
12/05: receive Approval Notice in the mail and my attorney indicates that she will then dismiss the Mandamus complaint.
12/07: receive the Magic Card in the mail (regular mail, even not certified, unbelievable�).
What a timing! Could I dream of a better Christmas Gift?
Who said Papa Noel/Santa or Banta Claus/Little Red Riding Hood did not exist?
:) ;) :) ;) :) ;) :) ;) :)
WoW...Congrats!!! I am happy for you.
wallpaper more.
WaldenPond
03-13 11:43 AM
Thanks jnraajan, appreciate a quick response.
addsf345
08-20 01:11 PM
With different employer, you can get 3 years as well, if the new employer has filed for a new PERM and you have received an approved I-140.
that is logical, but I am asking if I transfer now, which will be a simple H1B transfer - would I get only 6 months.
I actually received 3 years extension 2 weeks back with same employer, but considering another offer.
From what you said, it looks like the new employer can not get 3 years extension.:(
that is logical, but I am asking if I transfer now, which will be a simple H1B transfer - would I get only 6 months.
I actually received 3 years extension 2 weeks back with same employer, but considering another offer.
From what you said, it looks like the new employer can not get 3 years extension.:(
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walking_dude
11-14 02:42 PM
Keeping our differences on Alexander asides :), thanks for doing the right thing. I greatly appreciate you doing it though you don't live in Michigan.
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
I totally agree with you on this hypocrite Lou Dobbs and also admire your determination and sticking to your views. I too belive that we can make a change if we are determined. I have written my views to the radio station eventhough I don't listen to that channel as I live somewhere far. I hate to side track the issue but I couldn't control my self to accept that Alexander was great( that apprears in your posts) I stongly belive that he was not great but was a coward (I came to conclusion after reviewing the history)
more...
srikondoji
06-07 11:12 AM
is not right.
The hardships we have chosen to enter united states and struggle here is of our own choice. It was an option. You can come to office at 9:00AM and leave by 6:00PM. No body asks you to stay late unless you work for a consultant. No body asks you to relocate unless you again work for a consultant.
You could easily get a legal immigration if you opt an easier path 'Marry a local'. So, again you have opted a hard way of going through labor certs, I-140, I-48 etc.
We all have options and it depends what you choose.
Just because few centuries ago someone entered this promised land just like that, you can't expect that to be existing now or atleast a modified version of it now.
Again, i believe the immigration system can be improved only if senators can taken into confidence about our hardships. Striking the way illegal mexicans did and or raising slogans like 'immigration is a right and not a privillege' may play against us.
just my 2 paise.
The hardships we have chosen to enter united states and struggle here is of our own choice. It was an option. You can come to office at 9:00AM and leave by 6:00PM. No body asks you to stay late unless you work for a consultant. No body asks you to relocate unless you again work for a consultant.
You could easily get a legal immigration if you opt an easier path 'Marry a local'. So, again you have opted a hard way of going through labor certs, I-140, I-48 etc.
We all have options and it depends what you choose.
Just because few centuries ago someone entered this promised land just like that, you can't expect that to be existing now or atleast a modified version of it now.
Again, i believe the immigration system can be improved only if senators can taken into confidence about our hardships. Striking the way illegal mexicans did and or raising slogans like 'immigration is a right and not a privillege' may play against us.
just my 2 paise.
alterego
01-30 04:39 AM
I dont think companies are really geared to file for 140 within 45 days of labor approval.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
When the Dept of labour can process PERM in generally 6-8 weeks or less and the USCIS can offer premium processing of 140 in 2 weeks or less, what the heck is wrong in expecting these large companies and law firms to get up off thier lazy slow procrastinating backsides and file within 45 days?
That said, in the final ruling I suspect they will make some modification to this time frame.
Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.
All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.
When the Dept of labour can process PERM in generally 6-8 weeks or less and the USCIS can offer premium processing of 140 in 2 weeks or less, what the heck is wrong in expecting these large companies and law firms to get up off thier lazy slow procrastinating backsides and file within 45 days?
That said, in the final ruling I suspect they will make some modification to this time frame.
more...
obviously
07-17 10:09 PM
The entire July fiasco and fix is nothing but a GRAND DISTRACTION.
Let us go back to the June bulletin. The numbers became current and leaped by many months JUST AS the Immigration Bill was being debated. This resulted in the EB folks feeling temporarily elated and quite distracted with delusion.
Then, comes the July bulletin. Making ALL numbers available made everyone ecstastic and completely distracted. This just as the debate was winding down.
Again, two key 'relief points' that magically appeared just when the legal workers' needs could have been further highlighted. Net effect, the relative pain and position was REDUCED, so it appears that the problem was being fixed and hence not that urgent.
Next, comes the EB bulletin fiasco. This completely derailed the community. The fix and elation in the past few hours has resulted in all celebrating a pyrrhic victory that will completely derail the discussion on EB issues.
Like ripples in a pond, the net effect of these events has led to a complete refocus of priorities such that even temporary fixes are being toasted and celebrated.
I am not suggesting that there is no silver lining in these clouds. The flower campaign, rallies etc have all been positive moves.
Instead of celebrating ad nauseum and thanking each other and wondering how to send thank you notes... let us FOCUS ON THE REAL PAIN POINTS and PRIORITIES ... the end goal is a predictable system and process for Green Cards.
Any interim relief, while truly and deeply appreciated, cannot be sold as the end product in order to buy our collective silence.
I request the IV Core and others to please continue to highlight the need to get EB Green Card processing professionalized and predictable, in order to ensure that the respect for the law is reciprocated in equal measure.
Let us go back to the June bulletin. The numbers became current and leaped by many months JUST AS the Immigration Bill was being debated. This resulted in the EB folks feeling temporarily elated and quite distracted with delusion.
Then, comes the July bulletin. Making ALL numbers available made everyone ecstastic and completely distracted. This just as the debate was winding down.
Again, two key 'relief points' that magically appeared just when the legal workers' needs could have been further highlighted. Net effect, the relative pain and position was REDUCED, so it appears that the problem was being fixed and hence not that urgent.
Next, comes the EB bulletin fiasco. This completely derailed the community. The fix and elation in the past few hours has resulted in all celebrating a pyrrhic victory that will completely derail the discussion on EB issues.
Like ripples in a pond, the net effect of these events has led to a complete refocus of priorities such that even temporary fixes are being toasted and celebrated.
I am not suggesting that there is no silver lining in these clouds. The flower campaign, rallies etc have all been positive moves.
Instead of celebrating ad nauseum and thanking each other and wondering how to send thank you notes... let us FOCUS ON THE REAL PAIN POINTS and PRIORITIES ... the end goal is a predictable system and process for Green Cards.
Any interim relief, while truly and deeply appreciated, cannot be sold as the end product in order to buy our collective silence.
I request the IV Core and others to please continue to highlight the need to get EB Green Card processing professionalized and predictable, in order to ensure that the respect for the law is reciprocated in equal measure.
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chanduv23
03-20 02:09 PM
Well, I know for sure, that your prevailing wage for H1b is different for prevailing wage for GC. GC is for future employment and ur current wage won't affect your GC.
It depends on your employer, if your attorney comes back with a "wage" for the job, it is upto your employer to agree to pay that wage "after you get your GC". As GC is many years down the lane, you can convince your employer that wage has nothing to do with your wage now.
If your employer agrees to this condition go ahead with GC filing, say you earn 60K and GC pay is 85K, just go ahead and file GC.
Once your 140 is approved, you may consider change in employment with PD portability, or once you apply for 485 and it takes more than 180 days, you can switch using AC21 for a better pay.
It depends on your employer, if your attorney comes back with a "wage" for the job, it is upto your employer to agree to pay that wage "after you get your GC". As GC is many years down the lane, you can convince your employer that wage has nothing to do with your wage now.
If your employer agrees to this condition go ahead with GC filing, say you earn 60K and GC pay is 85K, just go ahead and file GC.
Once your 140 is approved, you may consider change in employment with PD portability, or once you apply for 485 and it takes more than 180 days, you can switch using AC21 for a better pay.
more...
gc28262
01-28 05:15 PM
Did you even read my post and the pdf link. BTW, pdf link refers to Aug 21st, 2009 much before this memo came out. Even if memo is withdrawn, how that is going to change the points agreed by the court?
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
Here is the pdf link again
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
I suggest that you go thru pdf links in my other posts for this topic. All these decisions refer to issues pertaining to H-1B working at the end-user client thru multiple layers. This memo does not make any difference that way. Like I said before, this memo just make the interpretation public knowledge.
Why these H-1B cases have been denied in last years and why these denials were not reversed by appeal court? These answers should enlighten you.
Just harping "illegal memo" does not change anything.
________________
Not a legal advice.
Referring to the document.
1. AAO is under USCIS ( I assume )
2. USCIS has been making these erroneous judgments in the past in reference to H1B applications. If AILA overturns this USCIS memo( which I think is most likely), all these USCIS arguments will be trashed.
Regarding the date of PDF (Aug 2009), USCIS has already been practicing whatever is listed in the Jan 2009 memo for past 1.5 years. The above said decision (PDF) was made during that duration. AILA is contending the very arguments made in Aug 2009 pdf.
Also on another note, one of the leading lawyer's client reported that he got his H1B approved for a multi-layered consulting situation without even a client letter. So it depends on the lawyer who is presenting the case.
Anyways let us wait and see.
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superdoc
08-14 08:40 PM
agree with u..i gave u green !
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bigboy007
07-23 12:00 AM
any developments guys ?
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vina92
02-07 02:43 PM
This is a great point. Even if we get one time relief,that should suffice because retro might not happen in the future as there will not be 245si/195kH1bs. I hope one of the core group members might want to look at this. This will atleast counteract the exaggerated and bloated immigration numbers by the antiimmigrant groups.
It is just speculation that it will take 10 years or 15 years. Actually past 3 years atleast 50% h1 were used by TCS,WIPRO and similar companies. So those who are processing gc is less. But it may take some time to clear current backlog as we had 195k H1 cap till 2003. If 65k h1 cap is there then it will be 3 year waiting period for EB2 and 4 to 5 year for Eb3. People will speculate based on number of H1s. But their calculation is not including the number of people who are giving up and also many people are going back. But if they increase H1 then the situation may become worse. I think one time releif will be enough to resolve the issue for
next 5 years. But Skil bill is asking too much(May be for permanent resolution of
gc issue) and opposition is more as anti immigrants are quoting the numbers. Remember in 2000 the relief of recapturing previous few years did not attract
large opposition and passed easily. Simlarly if H1 increase also limited for 2 or 3 years that can be passed easily as we can convince Senators like Sessions.
But if we keep on asking so many numbers of H1 and Gc and also exemptions
for Master degree then we have to wait for CIR as this will have lesser impact
in numbers compared to illegal immigrants.
It is just speculation that it will take 10 years or 15 years. Actually past 3 years atleast 50% h1 were used by TCS,WIPRO and similar companies. So those who are processing gc is less. But it may take some time to clear current backlog as we had 195k H1 cap till 2003. If 65k h1 cap is there then it will be 3 year waiting period for EB2 and 4 to 5 year for Eb3. People will speculate based on number of H1s. But their calculation is not including the number of people who are giving up and also many people are going back. But if they increase H1 then the situation may become worse. I think one time releif will be enough to resolve the issue for
next 5 years. But Skil bill is asking too much(May be for permanent resolution of
gc issue) and opposition is more as anti immigrants are quoting the numbers. Remember in 2000 the relief of recapturing previous few years did not attract
large opposition and passed easily. Simlarly if H1 increase also limited for 2 or 3 years that can be passed easily as we can convince Senators like Sessions.
But if we keep on asking so many numbers of H1 and Gc and also exemptions
for Master degree then we have to wait for CIR as this will have lesser impact
in numbers compared to illegal immigrants.
more...
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akhilmahajan
01-30 04:43 PM
hopefully everybody votes.
done my part. will vote again once i reach home. need to vote for my wife ;)
done my part. will vote again once i reach home. need to vote for my wife ;)
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hopefulgc
06-11 08:40 AM
3.25 mil... are you kidding me!!
who car did you rear end? Jon Bon Jovi's
Seems like an easy suit to beat... then again more details might help.
chill!
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
who car did you rear end? Jon Bon Jovi's
Seems like an easy suit to beat... then again more details might help.
chill!
Hi Gurus,
I need an advice from you.
The situation:
-- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)
-- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.
So what are my options now?
1. Check with attorney and start defending..?
2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
3. What about my GC?
Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..
Thx,
PD is Nov 2006.
more...
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mirage
03-11 11:16 AM
Congrats!!!
Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.
Is this common and will the online status change in a couple of days?
TSC
EB2 PD Dec 2003
Filed date 08/02/2007
Got a mails from USCIS that both my case and my spouse's case are approved and card will arrive shortly. However the online status still says 'Pending'.
Is this common and will the online status change in a couple of days?
TSC
EB2 PD Dec 2003
Filed date 08/02/2007
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shana04
04-20 12:48 PM
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 15, 2008, and are now reviewing our earlier decision. ........
Friends / Gurus,
I got this mail yesterday from USCIS, is this some thing I need to worry about.
My 485 pending since July 17 (Received date July 18 and changed employer in Feb 08)180 days passed, changed employer using AC21 with H1B transfer after 180 days on pending 485.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 15, 2008, and are now reviewing our earlier decision. ........
Friends / Gurus,
I got this mail yesterday from USCIS, is this some thing I need to worry about.
My 485 pending since July 17 (Received date July 18 and changed employer in Feb 08)180 days passed, changed employer using AC21 with H1B transfer after 180 days on pending 485.
more...
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arunmohan
05-25 03:35 PM
This bill is only for FB. IV has to give some direction on this bill so that we can push to include EB too in the bill.
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laborchic
12-09 05:33 PM
Bump Bump..
Folks dont let this thread die..
Moderators can we have link of this thread posted on the homepage????
Folks dont let this thread die..
Moderators can we have link of this thread posted on the homepage????
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rajesh4
01-09 06:15 PM
I started visiting this forum only recently. From what I have seen briefly, I can say that the actual contributions in terms of effort seem to be coming from members like Pappu. And I really appreciate that. I see people here and there saying that IV isn't doing anything useful etc.
My point to such people would be - no one is stopping you from organizing a rally or doing a hunger strike or whatever it is you have in mind. Lead, and we shall follow. These efforts that are being led by IV core leadership doesnt detract from whatever you want to do.
Dont take this the wrong way. From what I have seen in my very brief history of following these forums, this is one of the few immigration forums out there that is not driven by ulterior motives - lawyers' interests etc. Please, please, as a favor, do not drag this effort down. I understand many of us are frustrated, but let not the frustration drag us down deeper into the hole. For people who don't agree with the policies here, put forth some constructive suggestions and see how that works. If it doesn't work, well you have realized how tough it is to get a group of people follow your conviction :) And then you might develop an appreciation for the work being done here.
And if your approach works, hey..excellent for all of us. But please don't put forth only negative criticism.
All the best to all of us.
Thanks.
My point to such people would be - no one is stopping you from organizing a rally or doing a hunger strike or whatever it is you have in mind. Lead, and we shall follow. These efforts that are being led by IV core leadership doesnt detract from whatever you want to do.
Dont take this the wrong way. From what I have seen in my very brief history of following these forums, this is one of the few immigration forums out there that is not driven by ulterior motives - lawyers' interests etc. Please, please, as a favor, do not drag this effort down. I understand many of us are frustrated, but let not the frustration drag us down deeper into the hole. For people who don't agree with the policies here, put forth some constructive suggestions and see how that works. If it doesn't work, well you have realized how tough it is to get a group of people follow your conviction :) And then you might develop an appreciation for the work being done here.
And if your approach works, hey..excellent for all of us. But please don't put forth only negative criticism.
All the best to all of us.
Thanks.
smartboy75
09-29 02:36 AM
They might have found some irregularity or discrepancy in your current petition! Never heard of something like this before though!
Please consult a lawyer Your question is better answered by him!
Good Luck
hey aviko21 ...
Thanks for the reply....You may be right ..in that they must have found some discrepancy in my current petition....but if that is the case ..should'nt they raise an RFE for the current H1 petition which is pending....rather than re-opening an already approved case ???
Please consult a lawyer Your question is better answered by him!
Good Luck
hey aviko21 ...
Thanks for the reply....You may be right ..in that they must have found some discrepancy in my current petition....but if that is the case ..should'nt they raise an RFE for the current H1 petition which is pending....rather than re-opening an already approved case ???
m306m
06-11 01:23 PM
Thanks guys for the moral support and quick responses.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
More details are as follows:
1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.
So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say
--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7
In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)
I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)
Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.
BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.
As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment
So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages
Thats is what the story of my life :(
Hope this gives u more details to provide me with more suggestions.
Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.
As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.
Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.
Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649
1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.
Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.
I hope this helps. If you need to talk more send me a private message.
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