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  • samay
    08-03 07:21 PM
    Hi Samay,

    We would really appreciate if you could provide your inputs on our case.

    My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.

    Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.

    We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.

    She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.

    Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?

    She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.

    Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.

    After she changed to full-time, she has all the required docuemntation for H1B stamping.

    We would like to know the severities of these concerns and suggestions to overcome the same.

    I have a few questions:

    Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.





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  • immigrant2007
    08-20 10:38 PM
    I agree
    I hope we spend this much time in supporting or PLANNING WHAT WE DO NEXT. I still believe if we all of us make a combine effort we can get our backlog issue resolved





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  • lord_labaku
    02-13 12:32 AM
    Before the Y2K problem, the most common route for Indians to migrate to the US (EB category) was this -->

    TOEFL
    GRE
    Admission into US university (most likely for masters)
    Scholarship or loan
    MS/Phd in US
    Internship using OPT
    Job/ H1

    Since this involved multiple non trivial steps; the barrier for entry was pretty high that prevented mass migration.

    There were procedural delays (in some states with a lot of Indian population ( oh yeah; labor certs used to take 3-5 years esp in California, Texas & Northeast; but you could get labor cert faster in south dakota or such less densely populated places; but once you hit the 485 stage, you were certain of a GC within a few months )

    And then along with Y2K came TCS, Wipro, Infosys, & infinite other bodyshops that suddenly changed the equation. No need for TOEFL, GRE. No need to fight for scholarship; no need for TA. no need for RA; no need for MS; in a lot of cases, no need for even UG degree in computers/engg. The requirements ranged from having all 10 fingers in place to knowing the right people in the bodyshop company to land an assignment in the US. Once placed at a client site, it was just a matter of finding the right opportunity to get the client to sponsor your H1. I am sure there were a lot other ways the H1 & L1 visas were abused.

    So the situation changed from just procedural delays to procedural delays + extra influx of Indians due to H1/L1 visa misuse.

    Ofcourse, we can only blame the inefficiencies of the USCIS/INS/DOL system & silently turn the other way when malpractices & visa abuse were rampant (I guess still is) in the IT bodyshop industry.

    I am sure this rant will seem extremely prejudicial. But just for a slight moment; think about why all this happened.





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  • thecipher5
    04-23 12:59 PM
    priderock,

    There is definately an element of risk and it is high in case of LC substitution. In my case, the LC said that the candidate should have MS and few years of experience and I didn't satisfy all the requirements and eventually got a query from USCIS and rejected the application.

    If you can get it approved through a good lawyer like Sheela Murthy or Rajiv Khanna, then you can make a decision.

    At times, USCIS doesn't allow to substitute MS degree with experience and it depends on the wording of the LC.

    I'd read about this in different forums, talked to lawyers and friends.

    Still, you can talk to others who've done it and then make your decision.


    -- thecipher5



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  • go_guy123
    07-12 06:38 AM
    They asked me to submit IELTS test results inspite of submitting TOEFL score (108/120) and english proficiency letter.

    toefl is not recognised by Can Immigration dept





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  • nozerd
    05-11 09:12 AM
    Folks,
    I just got back from Canada yesterday. I am a PR holder landed in 2005. I had gone for my 8-11 yrs H1 stamping. Needless to say this trip I was very vigilant and observant about Toronto. Here are some thoughts.

    1) When you enter Canada they will ask you to fill a customs/immigration form. On the form one question that is asked is " When were you last in Canada" also the form asks for your "current permanant address". So in my case I was last in Canada in May 2005 and I entered last week it aroused suspision. The officer asked me if I was within 2 to 5 yr room. I told him I was and I was using this trip to plan for our move. So after some questioning he let me in. I guess if that date was March 2007 instead of 2005 he may not have questioned me as much.

    2) As far as lifestyle and products there is no products not available there. Every food item and consumer good is available in Canada. The grocery stores and their shelves look the same. Since the population is low most iotems are made in US and imported. Only way to know its a Canadian market is because by law all products need to be marked in English and French.

    3) Malls etc are the same as US. Eaton Center or Vaughn Mills is no different then The Galleria or Katy Mills in Houston.

    4) Housing is what you pay for it. It is definitely more expensive than Texas and Southern US but cheaper than California or NY. Rents are cheaper in run down areas and expensive in good areas ( duh !). In a major commercial area in a middle class building I was quoted $ 1000 for a bachelor and $ 1,200 for a 1 bedroom apt but this was all bills paid.

    5) Jobs are fewer than US. Best thing to do is take a transfer with your company if they have offices there ( I know of 4 ppl who have done that). Basically if you have a US, Canadian or UK education you will be fine but iof your education is purely from India you may have a tougher time. A good option is to find a job in a border city and commute daily ( Windsor/Detroit or Foret Erie/Buffalo). I think this is a very good option if you can get a job in Detroit or Buffalo.

    6) Taxes are high. I was told by many that whatever taxes you pay in US double them. Sales tax is 15% in ON where it is 8% in TX. Income tax is also higher. Higher taxes are a fact of life in Canada (no ifs ands or buts). In return you have a country where there is no fiscal or budgetary deficit and a very well funded social security system ( unlike US). You also have benefits like 9 months paid maternity leave, a pmt every month for every child you have and medical benefits.

    7) Awesome public transport system. Gas is $ 1.04 or so a litrer when I was there. Insurance is expensivbe but not topo bad if you have a US license and good solid 5 yr US driving record. However its ridiculously high for non US or European immigrants.

    So bottom line Canada is not US and comparing it to US is not fair. However its the closesnt to the US you will get in any other country. Its everyones personal decision and no one forces anyone to apply or mopve there. One could always takje a vacation/leave of absense and go try for a job there. Or else work in detroit/buffalo. Now detroit/buffalo is in US can you find job there ??????? or are they doomed too because of proximity to Canada:rolleyes:



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  • ryan
    08-17 02:40 PM
    [QUOTE=sainwa;701250]has any one thought why did this happened at the same time when he is making a movie about a "Khan in US"? QUOTE]

    Exactly! And most Indians being the b'wood lovers they are - fell hard, as always.





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  • royus77
    06-28 05:14 PM
    right, and the worry (as is also noted in the AILA complaint that someone posted earlier) is that USCIS can consider the update from DOS to be the 'updated' Visa Bulletin.

    There is nothing that prevents DOS from issuing a visa bulletin at any time and making it effective then-and-there. AILA has raised concerns with this, that it is a problematic thing to do, but it seems to be well within the law. I dont think there is a chance of a lawsuit here.


    Even If there is a law suit by AILA and negotiations .bla bla ...if they decide to go for a interm memo , the first victims will be us . AILA will collect money one more time and they will be happy ...



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  • mallu
    02-19 01:12 AM
    .....
    c) A lot of EB-based immigrants have been to American colleges and have graduate degrees. Again, see (b) above. Not the brightest idea to have this American-educated and trained high-skilled manpower forced to go back to India and China, the two main US competitors.
    Atleast, not if you are America.

    .......

    Actually, EB1 is current for India,China etc. Aren't they the brightest ?





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  • krishmunn
    07-27 02:21 PM
    Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
    What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.

    So you think Murthy folks are wrong ? BTW, attorney Khanna also says the same.

    You should first learn that there are different type of 1099. The one you get for Stocks and Investment include 1099-B, 1099-INT, 1099-DIV. Your Amway bosees will not inform you about these as they want your money.


    If you lawyer has said that you are OK with this unauthorized business I suggest -- change your lawyer.



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  • weasley
    08-16 10:16 AM
    To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

    Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.





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  • Abilash
    08-08 07:48 AM
    Hi,

    I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.

    Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.

    I am aware of the possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved H1B.
    But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.

    Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.

    Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.

    Thank you very much in advance...



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  • Canuck
    02-13 10:19 PM
    Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so.

    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.

    Never think of immigration as a privilege - think of it as your birthright - this is your planet and you have the right to go wherever you want. Get into that mentality instead of the groveling "Please sir, I want some more" mentality.





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  • polapragada
    10-16 12:29 PM
    Interesting statistics posted on Ron Gotcher forum

    Credit to Nolefan


    Hello Ron,
    I have been silent spectator for long and I greatly enjoy reading this blog. The knowledge you bring is great. The blog is very informative & insightful and has given us lots of useful information. I have been thinking of contributing to this blog for sometime related to Pending visa number and spillover topic and this is my first post regarding that.

    Recently, I did some calculations on EB1 & EB spillover to EB2 India/China for FY 2010. Here are points I considered

    * Average Consular processing numbers for EB1 & EB2 / year are based on historic data from 1998 to 2008. (Data is available on DHS site)
    * All ROW EB1 & EB2 applications from following categories will be approved before spill over happens
    o consular processing (EB1 & EB2)
    o ROW (EB1 & EB2) + Mexico + Philippines
    * most applications for India / China EB2 from 2004 and prior are approved except few as mentioned on CIS report.
    * Even if there are EB2 ROW I140 applications are pending, they may not be more than few thousands (based historic EB2 usage from EB2 ROW). Based on economic conditions, I assumed 5000 new I485 applications after approval of I140.


    Calculations

    EB1 spill over

    Total quota allowed: 40040
    Average consular processing: 5290
    AOS Pending: 4050
    New applications: 2500
    spill over from EB1 ~ 40040 - 5290 � 4050 � 2500
    spill over from EB1~ 28500

    EB2 spill over

    Total quota allowed: 40040
    Average consular processing: 2199
    AOS Pending (ROW): 7871
    New applications: 2500
    spill over from EB1 ~ 40040 - 2199 � 7871 � 2500
    spill over from EB1~ 27470

    Total EB1 & EB2 spill over = 28500 + 27470

    Total EB1 & EB2 spill over = 55970


    EB4 spill over
    Total quota allowed: 9800
    Average visa numbers used: 7432�� based on data from 1998 to 2008
    spill over = 2368

    EB5 spill over
    Total quota allowed: 9800
    Average visa numbers used: 465 �� based on data from 1998 to 2008
    2008 data: 1360
    spill over : 8440



    Total spill over for EB2 India / China: spill over from (EB1 + EB2 + EB3 + EB4)

    i.e. 28500 + 27470 + 2368 + 8440 ..

    Total spill over for EB2 India / China: 66778

    Preadjudicated EB2 India / China applications ~ 51000

    Total pending EB2 India / China ~ 67061

    If spill over occurs quarterly, then I would expect EB2 India / China dates should faster throughout year may be current by end of FY 2010.


    Too good to believe..I hope it would go correct:D
    And one more PRO factor is that EB1 are under high scruitny so less EB1s so high spillovers than ever before..



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  • ramus
    07-03 08:25 PM
    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    got 156 so far..

    We need more then this..




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    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who- 127

    we can also digg the comments

    thank you





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  • samay
    07-06 12:16 PM
    Hi Forum,

    I have come to USA last year and was getting paid consistently till May31. Now, on July 2nd new employer (not a desi, but a big company) applied for transfer on premium processing. I'm continuing with my old employer, and they are marketing me, and have all such emails. Just wanted to know whether the paystub will be an issue for transfer? And how soon can I join them, and what is the risk if I join them now, before I wait for response from INS?

    Any response in this regard will be highly appreciated.

    I would suggest that you wait for another few days and since you have applied for a premium processing you should be getting a response from the USCIS soon. The USCIS requires last two pay stubs for the transfer however we have been able to obtain approvals even with a single pay stub.



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  • crazyghoda
    10-16 01:59 PM
    Some moron gave me a Red for my post below with the comment ".."

    Seriously dude, if you are so naive as to think that ROW folks are just going sit around and watch EB2 India consume the spillover numbers, then get your head examined or stop smoking that pipe. Have you ever wondered how low the participation is from ROW applicants on these forums? This is simply because for the most part its become a desi forum mostly dominated by EB2 folks.

    Or you can give me another red and stick your head back in the sand (...or in those clouds, whatever the case may be)

    A lot of EB2 folks are getting excited about getting the spillover from EB1 and EB2 ROW but has anyone contemplated that lots of EB3 ROWs will now start at looking at porting their dates to EB2 just as most people from EB3 India are?

    Boy, I sure wish I was a lawyer! If this system remains as screwed up for another 20 years, I am surely sending my kid to law school :D





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  • meridiani.planum
    03-29 10:17 PM
    India- by happily showing how democracy can be at its... you guessed it, "worst"
    Dont agree?? True Democracy, implies "for the people and by the people", right?
    well in India its a tiny bit different...."For the thugs and by the thugs"

    and in the US the government is by the corporations and for the corporations (why are they the leading campaign contributors otherwise, and why do they all get tax payer funded bailouts and bonuses otherwise?). The US is no better.

    Power corrupts. Almost every government is corrupt.





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  • amoljak
    10-24 10:17 AM
    Ok got it thanks Amoljak

    So then that is the only way one can SELL you an approved LC?

    Yes... other than some rare outright frauds who make counterfeit LCs etc. But they always get caught, because their scams are so stupid...





    ronhira
    01-13 08:28 PM
    how'll this affect those on ead or ac21...... it seems that this has no affect on us if we r using ead with the sponsoring employer or ac21 employer..... is that correct?





    saileshdude
    05-29 03:42 PM
    I am not sure if I agree with doing two things at the same time. We can try to solve 12 things at the same time, but at the end are we effective? As an organization,If by focusing on eliminating EB1 fraud gives us significant advantage in short and long term then I am all for it. Numbers do not suggest that.However if we focus our energy on legislative fixes to eliminate the backlog, most of the categories will benefit.Question is do we suggest 20 things and dont complete anything or take one important initiative to the finish line. In my limited experience, I have seen second one works better.

    Reporting to USCIS about possible L1/ EB1 fraud should not take too much efforts so as to impact the effectiveness. Its just about bringing to attention to the USCIS about the possible misuse of EB1 by these consulting firms. Ultimately its upto USCIS to make a judgement about a particular case but with our help of informing them this is happening will make the adjudicating process tough for these people.



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