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  • samay
    08-07 12:34 PM
    Details:

    *Company A has filled for my H1B Cancellation on June 20 but have visa stamped (valid till 2010).
    * Company B has filed for my H1B Transfer.(Have upgraded to Premium processing)
    * Have to enter canada on/before 4th Sept to validate canadian PR (will have to go to canada only for few days).

    Q: Can I re-enter in the US from on a VISA(Valid till 2010) from company A + Approved I-797 from company B?


    Your help will be appreciated!

    Thanks
    Neil

    No you will have to get your visa stamped with the new approval from Company B before reentering the US.





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  • srikondoji
    06-26 02:17 PM
    That was an attempt to get an award for a fancy rumour.
    Yes, you can laugh.:D
    Is this a joke..let me know if i can laugh at this one.





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  • BharatPremi
    12-13 05:15 PM
    Isn't there any Indian lawyer who is a member of IV and can give some direction to this discussion?

    Yes, some law professional should really enlighten us for this deep waters.





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  • DareYouFireMe
    04-29 01:05 PM
    I am not sure why it is referred as abuse...
    It is available to everybody.



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  • shukla77
    05-29 04:07 PM
    All those people who are saying let us inform USCIS, if 50% of them go home today and draft letter and post or email it, then that will be significant achievement for today. Emotional exchanges without any concrete plan after a bad news is norm here. Look at the past few bulletins. Let us do gandhigiri, let us do flower campaign, let us do rally, questiion is WHAT WE REALLY DO not "LET US".





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  • senthil1
    02-13 09:11 AM
    I think unused other country quota is used for oversubscribed countries like India and china in the last quarter. If that is true then even removing country quota will not make much difference for Eb3. Now waiting time is 7 years. It will be 5 years for all the countries. When they remove country quota persons from countries like Europe may lose interest in applying gc as they may think is not worth for them to apply and wait 5 years or more as there is not much difference in lifestyle between US and Europe. I doubt US will remove country cap. But we never know as world changes fast nowadays.Anyhow country quota is not correct and it is similar to reservation in India. If reservation concept is correct then country quota is correct as every country in world get benefit.


    Ethnicity has nothing to do with skill level. Consider this also, if no other countries come close to the 7% limit, but India and China are maxed out. Guess who loses just because of an arbitrary limit? Guess where those unused greencards go?

    They go to a pile of greencards, left unused and wasted. Wash, rinse, repeat the same cycle year on year. June 07 will be a looooooong way away (if you are from a severely retrogressed country), don't kid yourself.

    btw... i was agreeing with abhijitp.



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  • bayarea07
    07-27 07:28 PM
    Kushal,
    Still waiting for your reply and your tax returns for previous years as you promised :-)



    Since you are in bay area I will reply to you. I don't need to see his tax papers, as long I can see mine. IF you are happy with your thinking so be it...stay where you are...and you can google froogle whatever you want. You will find your like minded people there too.

    I don't need to share my thoughts here...its like talking to anti-immigrants on legal/illegal immigration.
    Peace OUT!!





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  • ita
    03-30 04:59 PM
    As far as I know...
    LIke you said India was just born and Nehru with full majority was heading the country . You know what he did he came up with Democratic-Socialistic model which is the hybrid of Communist-Socialist Russia,Democartic-Capatilistic U.S

    This Democratic-Socialism was never tried anywhere else in the world.It was the so called vision of Nehru(albeit cut-copy-paste).

    Interestingly explanation he gave for advocating his recipe was the same explanation you are giving for 'why it is difficult to rule India'

    He said since India is young country it needs gentle intervention from state to get rid of the existing social-economic disparities. His formula resulted in bureaucratic bottlenecks, red tape, widened existing socio-economic disparities ,gave rise to mafia culture and the list goes on making Nehruvian socialism synonymous to failure in Indian dictionary.His dynastic descendants tried to push it under carpet as long as they could .Result: we see people thinking Nehru was a visionary.

    Our own Intelligent MMS in 90's named Nehruviain Socialism a failure before he opened the reforms in the market.It is said that when P.V/MMS duo took charge they found that country's foreign exchanges reserves couldn't last for 24 hours.


    India is very difficult to rule. Thats why we outsource that. It is not a joke.

    Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.



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  • franklin
    02-14 04:44 PM
    Wow - yes, I obviously wasn't getting the point! Thanks UN for clarifying it.

    My earlier comments were more questioning why we debating what I thought was a hypothetical problem, ie "if there were unused visas, there wouldn't be retrogression", and I was missing the bigger picture.

    I certainly wasn't "one of those EB3 WOW guys" just arguing that we should get all the extras, if you know any history about my posting on this board, you'll know that I am concerned with everyone's fight, not just mine.





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  • logiclife
    01-23 05:24 PM
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.

    I am talking about Desi bodyshops and not fortune 500 companies. This law or regulation of DOL causes more harm than good. For the good it does to 5% employers, it does harm to thousands of applicants whose dates are not becoming current because of people cutting in line by buying the approved labor certs. If there is a need for companies to save money by going for substituted labor, then maybe the DOL and USCIS should work out to make the priority date of substitution case same as the 140 date and not the labor filing date. The day that happens, this underground sale of approved labor certs will stop.



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  • alwayson
    03-14 09:34 AM
    I did my Candian PR through this firm

    http://www.canadavisa.com/

    Very professional. Timely communication.





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  • geve
    09-23 11:08 AM
    It is grat Idea. When you run an organisation, think about weather it meets our final goal or not. Do not think it is going to benfit me or not.

    Once again Great..



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  • bubba
    06-12 01:15 AM
    People need to understand that you need to give some to win some. I would like to propose to IV a kind of proposal that would be a win win for both the immigrants and the US.

    1. It is meaningless to fight for the rights of ALL the visa holders. Any such attempts would always be resisted by the anti immigrant lobby.
    2. Acknowledge their fundamental point of view that jobs are being stolen due to wage destruction and perpetual visa fraud by these outsourcing companies. Of course resist all these racist BS types. They are the just the noise in the immigration debate.

    My Proposal

    1. Support the Grassley bill in its entirety. If you notice it is those outsourcing companies that are making all the noise but not the genuine companies that use H1B for innovation purposes. These outsourcing neither follow the rules or spirit of the H1B/L1 visas nor provide much of innovation to the market place. There is no point in expecting them to police themselves. We have tried this and they are not here to play by the rules.
    2. In fact, provide the concessions to eliminate the H1/L1 visas for these outsourcers. In return, request visa number recapture for the H1Bs who are employed directly by the companies. I strongly believe that if you are a H1B employed directly by the company (not outsourcing cos), it is unlikely that you would be underskilled or underpaid. A few minor expections may be there but we can safely ignore these exceptions.
    3. Again, people may argue that some of the consultants are highly skilled too. If that were the case, they would have been or would be hired into a permenant position soon once the Grassley bill passes. No company would like to let go of a good performer irrespective of whether they are permenant employees or contractors.

    If you notice, some people echo the sentiment that the Grassley bill would lead to more offshoring. That in my opinion is absolute BS. Only low level jobs would be offshored and in my opinion a h1b visa should not be used for these low level jobs. The high skilled jobs would always stay here and they would not be under wage pressure. The best and the fittest would survive and get the same.

    I strongly believe that by providing these concessions, atleast the skilled immigrants would be sparred the trauma of this mindless wait for a GC. I wish to reiterate here that I am neither anti immigration nor anti any ethnicity. I am simply trying to reiterate that we need to lose some to win some. There is no point in the Indian style of negotiations of win all or win none. Let us adapt to the give some take some style of concession building. In this process, it is okay to give up on the interests of those blood sucking outsourcers. For this, I am willing to provide financial, logistical and intellectual support.

    By following this route, we prevent wage destruction which is what the anti immigrant lobby is clamouring about. It is a win win for all and a lose situation for the blood suckers

    If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.





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  • sunnymit
    07-30 02:56 PM
    What does this means? :confused::eek::cool::rolleyes:

    We are all talking about Amway/Quickstar here and the approaches ppl take to get to you.. However, I think your mind is wandering at different levels. hmm.. perhaps your experiences have been different?



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  • jsb
    06-01 09:48 AM
    I think this is a requirement from US government that countries that need a SSA agreement with US needs to have a Social Security system. Asking our SSA and Medicare back is a good strategy which will benefit us one way or other....
    .

    With SSA agreements with other countries, money is not returned to you if/when you leave the US. Contributions you made for similar programs while working in other contries are collectively considered to decide your final benefit at retirement. Having no parallel plan in India it is difficult to have such an arrangment with them.

    Stronger argument would be, why should a guest worker contribute to SSA/Medicare when those programs are for permanent residents/citizens hoping to retire in the US. It should be payable only after getting GC. Of course, in that case, your benefits at retirement would also be lower. Note that your employer also makes an equal contributions to these plans.

    Most of you may already know but let me restate, if you work in the US for 10 yrs, you will get SSA at retirement, no matter if you have GC or not or where you live. There are some exceptions but they don't apply to India/China citizens living in their home countries.





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  • hiralal
    06-04 09:19 PM
    now that we have 13 pages of discussion ..can we agree on something and start small campaigns atleast ???
    that way we can generate more interest in IV.

    we can do something indirect too ..such as contacting your realtors ..show interest in buying and then back off ..the advantage in this (if large number of people take part and each contact 4-5 realtors) ..then we will have someone else lobbying for us (rather than ourselves beating our own drum)

    if someone has better idea then we can go for that too



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  • Lasantha
    02-15 11:48 AM
    What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.

    Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.



    Bestia,

    First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?

    Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?

    About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.

    What "IV" stands for? Where can I found more about it?





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  • alisa
    02-18 11:49 PM
    I think we can make some very credible and good arguments for ourselves.

    a) The changing demographics require an increased level of immigration. It is upto this country to decide if it wants semi-skilled immigrants (Indian cooks and gardeners) and their siblings/parents, or high-skilled immigrants.

    b) It is not really the smartest thing in the world to bring people here from foreign lands, let them work here in high-tech fields, and then send them back after 6-10 years so that they can compete against Americans from OUTSIDE America.

    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.

    Bottomline is this. If there have been abuses of the system, and any system will be abused, then those need to be fixed. If there are loopholes, they need to be plugged (and people will come up with more loopholes.) But the USCIS should not throw the baby out with the bath water. Either this country values high-skilled immigrants, or it doesn't. The high-skilled immigrants need to know this, so that they can make decisions in their life. The incompetence of USCIS can't be the instrument of public policy making.





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  • msp1976
    02-13 03:05 PM
    You guys still think it is horizontal. This has been discussed so many times with reference to the law; the note in november 2005 visa bulletin; another lawyer who received statistics in chinees overall approvals for 2006 which were going to be close to 7% and you guys still believe this is a gray area.

    USCIS today is using the vertical flow...I acknowledge that....

    It might be a defendable position in courts ..... My arguement is that the original text of of the law is ambigous enough to mount a challenge...It might not succeed but it is possible to take a shot at it....It is a long shot.....





    smuggymba
    01-14 10:19 AM
    what the heck are you talking about. If there is any specific cases of abuse please contact the CIS and report those. Dont say "almost all" etc on this website. That might not be true and we dont want general statements like these to hurt the prospects of our members.

    I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.

    Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.





    django.stone
    09-17 02:18 PM
    Do you have any data to back your claim? I beleive there are more EB2 China numbers than India. I remember seeing some data a while back where Indian EB2 & Eb3 ratio was close to 50% where as China it was 80% EB2 to 20% EB3. Which makes me think there are more EB2 china than india.

    You need to multiply ratio with total to get absolute EB2 numbers. If China total is 100, 80% of 100 is, 80 and if India total is 1000, 60% of 1000 is 600. I think people are saying here that in absolute terms India EB2 > China EB2.



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