NKR
10-16 05:04 PM
I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.
What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.
USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??
Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..
If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.
What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.
USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).
That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.
Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.
PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.
Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?
I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??
Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..
If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
Again you are running your imagination wild, who blamed all the other things on USCIS?..
End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.
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ItIsNotFunny
10-15 02:28 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
Think how the supply is controlled?
Just as a hypothetical example, if USCIS makes a spill over policy that ROW can not lead any other country by more than 3 years.
If we try we can achieve something, atleast we can see some avenues. If we sit silent - Nope, then we are loosers not fighters.
piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
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gaz
10-16 10:44 AM
how about a flower campaign (or any other attention seeking campaign like calculators/ timers etc) for the media to highlight our issues and make the general public aware of this inhuman treatment meted out by USCIS/ DOS?
in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?
in this election year, there is little chance of any campaign targeted at a government agency working... the political will/ need does not exist. so how about at least generating a little more awareness of the cause?
more...
arunmohan
03-17 01:50 PM
Hello group:
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
pappu
11-20 01:09 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.
more...
chanduv23
09-28 10:25 AM
Yes, thanks for all your comments, and I would only request everyone to participate more actively on IV stuff. Start building your state chapters, spread the message.
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
When IV was expecting 10000 people for the rally only 2000 + came. It is obvious that America needs us and we need America and we must all unite to make this a better place.
Jane - your points taken. But, it is not all about rasicm. In a cosmopolitan society, everyone is same. It is just the fact that the communities from the majority opposue us.
A good example is Ron Hira. He is 100% Indian immigrant. He has been one of the architects behind the Durbin Grassley provisions.
So many people who work against us are the recent green card holders. A good example of such people who lurk in our forums is Senthil1. He got his green card and wants to do as much damage as possible for future immigrants, so that he is always in demand and does not face competition.
Since 1970s Indians and Chinese have migrated as doctors and engineers and have been in top positions here. If you are trying to immigrate today - you are a direct competition to their children who are raised here with comforts, they are the ones who influence the govt with restrictive policies.
Recently Jay(logiclife) was on a radio station and the person interviewing jay was a radio jockey of Indian origin. He is definitely not the highly skilled types, and he was behaving exactly like Ron Hira types
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sroyc
07-11 04:43 PM
There is a lot of hurtburn among folks here abt a lot of things...Does that mean USCIS is going to cater to every case of heartburn. I dont think so.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
What else would explain EB2 China's PD going back to EB2 India's PD (April 2004) when visas from EB2-ROW were made available and then both PD's moving to June 2006 (which was EB2 China's PD before it became unavailable)?
They could have set it to March 2005 and it would have been enough to exhaust the remaining EB2-ROW visas left considering the number of EB2 India applicants in the backlog. The fact is that there are not enough EB2 China applicants left in 2003/2004/2005. The only way they can get a fair share of the EB2-ROW spillover was if PD's for both EB2 India and China were moved to 2006.
more...
onemorecame
09-17 01:49 PM
I am still waiting called 800 number they said wait for 15 days from the day RFE issued?
I am in touch with my attorney.. not sure what going on... :confused:
I am in touch with my attorney.. not sure what going on... :confused:
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485InDreams
09-26 09:47 AM
Guys,
Choke the CNN editorial site with the mail stating tht its for Green card...Green card.
Also, send the link to other editorial site like NYTimes, Washingtonpost, Businessweek to them...so that they will learn wht to right correctly....
For the people who Attended /(didn't attend) the rally...Please do this...
Choke the CNN editorial site with the mail stating tht its for Green card...Green card.
Also, send the link to other editorial site like NYTimes, Washingtonpost, Businessweek to them...so that they will learn wht to right correctly....
For the people who Attended /(didn't attend) the rally...Please do this...
more...
dummgelauft
03-12 10:10 AM
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
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eilsoe
03-07 05:32 PM
well I've realized now that I can't get this thing done in time, so here's my not-so-final-but-as-final-as-it-gets images... :)
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
(as seen through a surv. camera)
http://www.avalon-rev.dk/junk/station2F.jpg
(as rendered through Max)
http://www.avalon-rev.dk/junk/station2FS.jpg
I really wanted to add more to 'em... :(
oh, well, consider them my finals :)
wireframe: www.avalon-rev.dk/junk/wireframe.gif
more...
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mmanurker
10-16 02:03 PM
Count me in EB3 - India PD: 12/2003
140: RD: March'23 2007 and pending......@ NSC
485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC
IV Contribution: $300
140: RD: March'23 2007 and pending......@ NSC
485/EAD/AP(for spouse and myself): RD: Aug'10th 2007 and ND: Oct4th 2007, case pending......@TSC
IV Contribution: $300
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minimalist
09-10 03:08 PM
So there you have it - no vote on the bill today...
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
Is the bill tabled or something?
I don't get it guys - what's up with this country - is this really what it's come down? Give me your tired, your poor - but DEFINITELY don't give me your talented, your educated and your promising. Because really - what are we going to do with people who actually pay taxes, contribute to the community and help bring prosperity.
We would love to have just your best cotton-pickers...this is just a little disappointing - and yet I ask, what should we do now? We have 2 months to go - it's time to make a HUGE difference...
Is the bill tabled or something?
more...
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DianaSteve
10-29 05:36 PM
Sept 2001
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
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karanp25
07-11 01:50 PM
I agree 100%.
again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)
again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)
more...
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nojoke
09-17 11:56 PM
when did i rant..haha, its funny when people are cornered they talk stuff which arent even relevant
you crack me up, no offence
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
you crack me up, no offence
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
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sriramkalyan
06-10 01:05 PM
I believe passing any law to make Immigrants life easy wont help Politicians in 2010 elections.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
I remember Senator John cornyn did try to do some thing about it, but democrat Senators, Republican house was against it. That was before pre- recession. Now with 9.7% unemployment ..Politicians cannot do anything. Anything can happen only on USCIS budget side. Either they have to make Visa Current , new applications & Dollars. Or e rising FEES, Which they did it.
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ash123
02-12 03:41 PM
FYI .. This post is what I received in e-mail few days back.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
I would like to bring to the notice of your readers, editorial committee and leaders of
the Indian community of a systematic way that (legally) the US Government is practicing
legal ethnic cleansing of Indians and Chinese and other H-1B visa holders.
While it is agreeable that the current economic downturn is the worst one has seen.
It is time to band together with what resources we have and make it thru this perfect
storm. However, the machinations of a few politicians and the further connivance of the
USCIS, we are about to see a systematic 'legal ethnic cleansing of Indians and other
foreign professionals'.
Leaders of the ethnic Indian community should take up this issue. Leading Indian attorneys
such as Chugh Firm, Khanna Firm, Sheela Murthy, and leaders like Dr. Romesh Japra and
Yogi Chugh etc should do something about this with their contacts at the highest levels.
How is this happening and why is it ethnic cleansing?
Since 1990's every year several thousands of Indian professionals come to the US. Because of
delay in processing of their Green Cards a vast majority of them are on H-1B.
With the current downturn, Sen. Grassley et all have raised such a stink that companies are
forced to lay off H-1b holders first before they lay off any other US employees. While the US
employers may not always do this. They are being shamed into revealing how they laid off
US Citizens before laying off others. Net Net....Indian professionals are being laid off from
large companies (ofcourse, along with layoffs of US citizens and Green card holders as well).
Now, having been laid off, H-1b holders are forced to leave the country within 10 days if they
do not find another job. Now, many are forced to leave the US as they cannot sustain living
in the US. However, some enterprising few are finding lower paying jobs or are finding so called
'body shopping companies' to file their H-1b transfer in anticipation of staying around till the
economy improves and they can find suitable jobs. Here is when the systematic targetting and
ethnic cleansing is coming to the fore. The USCIS in the past which did not, out of the ordinary
question such H-1b transfers. is raising Request for Evidence (RFE) from these companies.
These RFEs are raised in such a way that it is impossible to answer them. They are thus
not only targetting the H-1b candidates, they are systematically undermining the people
(companies) who want to help out H-1b candidates out of their predicament of being stranded.
Imagine living in the US for the past 8 years. Owning a home, then getting in line for the
Green Card. You are close to getting the green card but because of backlog you only get
what is called the Employment Authorization Card (EAD). So, you continue to be on H-1b status.
Then your employer fires you....
There are two paths here.....Technically, with a EAD card you can get employment anywhere
with what is called US AC21 Portability.However, AC21 EAD portability comes with the need
that a person with EAD should have another job with the exact same profile and same salary.
In this market who is going to give you a job with this exact profile as your old job. The only
way for a person to stay on 'legally' is to file a backup H-1b.
Thus a person in the 'last stages' of his green card also actually ends up joining a fresh h-1b
software professional.
Now, what will the USCIS do? They will ensure that they find some issue with the RFE response
provided by the 'body shopping company' and issue a denial of H-1b extension.
The body shopping companies are trying to be the Raoul Wallenbergs (helping with visa when a
person is in distress - http://en.wikipedia.org/wiki/Raoul_Wallenberg). However, the USCIS will
ensure that literally hundred thousand Indian and Chinese professionals are kicked out of the
US. The same professionals who came to US to contribute to its success will now be kicked
out of US against their wish. The companies who are willing to help them will also be harassed
in the bargain, some of those companies will be investigated for non-payment of wages, some
of them will be subjected to USCIS audits for trying to help these helpless people whose lives
are being uprooted.....I am not in any way saying that lives of US citizens is not being uprooted.
These are very tough times and there is no reason to pick on the helpless, unrepresented people.
This is as un-american as it gets. US is famous for its chivalry. Over 5000 lives have been sacrificed
in Iraq to foster democracy and fairness in that part of the world. This is an un-American as it gets.
This is a planned lynching and killing of the 'spirit' of the foreign worker who came to US dreaming
of making it the American dream and participating/contributing to its success.
What should the USCIS do?
Given the tough times...They should allow people to stay on in the US as long as another
employer is willing to keep them in status. They should not question the H-1b applications as
everyone knows that USCIS can find issues with every single H-1b extension filed right now
with their respective offices. As someone said - Rejecting a H1b now is like issuing speeding
tickets at INDY 500. Even the largest companies such as Microsoft and IBM can have their
H-1b applications rejected by the USCIS with the silliest of excuse.
What is in it for the USCIS not to do this ethnic cleansing?
Long term vision for America not just right now. This year the US Embassies in India issued over
98,000 visas to students from India. These are students who are paying their way thru education
in the US (a country with the most expensive but best education). If it turns out that US specifically
targets Indians for 'special h-1b rejection treatment' literally half of them will never aspire to come
to the US within the next 2 or 3 years.
Right now the economy is bad, but it will improve: It is a 'perfect storm' right now which is causing
this downturn. The economy will surely improve in the next few quarters. There will then be new
sectors of the economy that will boom that will need professionals. There will be enough work by then
for these H-1b professionals as well as US residents.
Confident and free people contribute positively:
If the word spreads that even in bad times this society did not turn on them then the US people
will be appreciated. But, if the message is, when you are down they will kick you where it
hurts, then this society will not succeed. Just imagine, there are at least 250,000 (maybe more) people of Indian
and Asian origin who would end up buying a house if they knew for sure that they could continue
to live without the fear of being 'ethnically cleansed'. Most Indians and Asians save money and do
not splurge. Just this measure of confidence will ensure that they will spend money in the US
economy. Just their contributions will ensure that there is a bump in the housing sector.
Finally, As they say - "Those who do not learn from history are forced to repeat it". The US
is perpetrating a betrayal of people who could contribute to its success in the long run. But, what they are
getting is a form of 'systematic and legally driven ethnic cleansing' - they are being identified and
driven out of the country which they have loyally served for varying periods of time.....
God Bless America....God Save America from 'some' of its own people.
Thanks.
logiclife
01-31 04:33 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
You seem to be planning a very elaborate move here from H1 to F1 to H4, or whatever.
You need a lawyer otherwise coz one mistake will take away several years of your career. And no case is identical to another one, so what applies to someone else may not apply to you.
vivid_bharti
05-06 09:25 PM
Can you please brief us regarding what action IV has taken...
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.