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Jhaalaa's Immigration Cases

A lot of Visas held up at regional offices are still unaccounted for. So visa allocation is happening but the priority date movement is not showing yet.

Also compare the USCIS numbers between Aug and Dec and you shall observe a movement of 5-6 thousand. Though that seems like a futile effort when the numbers are incomplete.

Please refer the following article by former USCIS Ombudsman Mr Prakash Khatri where he states the same
http://www.khatrilaw.us/Articles/The_Employment...

Best Wishes

camar2002

Thanks for writing about the incorrect allocations.
I also wrote about the incorrect allocations, but somehow received a sensible reply. USCIS refuted the claim and tried to justify it.

I have replied back saying that I respectfully disagree and presented more documentary evidence. I have not received any replies yet. Either it would help raise awareness for correcting the process or they shall help me understand their argument better. Either way, our efforts would bring more clarity for the future.

Thanks to Mr Prakash Khatri the former Ombudsman for his great article (that I can also use to support my request):
http://kpkgs.com/files/The_Employment_Based_Gre...

Best wishes for all
Akshay

A new set of Q&As by USCIS to cover Successor in Interest and AC21 portability on 20-Jan-2010.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker
http://www.uscis.gov/portal/site/uscis/menuitem...

Every clarification and guideline is welcome.

I hope that it is beneficial to the sufferers.

Best Wishes for all.

1. Please exercise caution when being a whistleblower. A simple caution is to avoid bragging online. Also avoid use the same ID for Whistleblower as used for general email or blogging purposes. Also please avoid mudslinging on someone else - whether you are rightful or not.

2. Some helpful links:
http://www.uscis.gov/files/nativedocuments/AC21...

3. There is sufficient protection available under law:
U- Visa http://www.uscis.gov/portal/site/uscis/menuitem...
T- Visa http://www.uscis.gov/portal/site/uscis/menuitem...

4. Hope it is not due to any other issues - example jealousy, animosity, etc.

Best Wishes for all.

Its MLK day.

Hope we can remember some lessons from our past and pay homage to those who stood for freedom and equality. Dr King proved us that just because something was legal did not mean it was fair.

Its time to challenge the status-quo.

Best Wishes

Its MLK day.

Hope we can remember some lessons from our past and pay homage to those who stood for freedom and equality. Dr King and Nelson Mandela proved us that just because something was legal did not mean it was fair.

Just for my own awareness, is there some similar that reminds us about the atrocities towards the Native Americans too?

Its time we raised the issue about Country of Birth based discrimination.

Best Wishes

According to Department of State http://www.travel.state.gov/pdf/Pamphle...
______________________________

"6. Your Right to Join a Union and Bargain Collectively
With few exceptions, all workers in the United States have a right to form and join a union, regardless of their immigration status under federal law. Your employer cannot take action against you for doing so. This means you can:
Ã¯ï¿½Â Join with other workers to improve wages and working conditions;
Ã¯ï¿½Â Attend public speeches, rallies, and demonstrations; and
Ã¯ï¿½Â Join a union or other worker organization."
_________________________________

Does anyone know what those "few exceptions" are?

We immigrants have been silent wishers and omni hopefuls for miracles. The shrill rhetoric of the anti-immigrants and their demands has started to make ways into the evolving questionable policies at USCIS. We have stayed quite for too long and it may be too late.

It is time to stand up for our rights. IV with assistance from AILA should take a lead on it. We can support this common cause before its a lost battle.

What are your views about it?

Best Wishes for all.

MartinVisaLaw (I guess its Elaine )

You are correct, I meant "simpler" not "simplistic" ;-)

Your post was the first post from any Law firm and it helps the immigrant community. Thanks so much for your efforts and willingness to help.

Wish you the very best.

GCKidharHain & Co

Please cool down. It is easy to tell others to be cool headed to think rationally, but we all agree that its true.
I believe that most folks are still OK - this includes a lot of consulting company folks.

Please start collecting all documentary evidences as mentioned in the memo. If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and they would help persuade your managers and HR staff to start complying.

Hope the AILA and ImmigrationVoice can work together to get a statement from USCIS that the guidelines in the memo are initially meant to encourage compliance by the businesses and that the USCIS would start enforcing them starting Jan 2012. Thus it may be just a matter of getting used to the extra bureaucracy.

I pray that we get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.

Best Wishes for all.

USCIS Ombudsman discussed the RFE rates on page 18 figure 7 of the following document:
http://www.dhs.gov/xlibrary/assets/cisomb_annua...

H1b RFE rates----
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6

It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

Best Wishes for all.

USCIS Ombudsman discussed the RFE rates on page 18 figure 7 of the following document (2009 Annual Report):
http://www.dhs.gov/xlibrary/assets/cisomb_annua...

H1b RFE rates
Year VSC CSC
2006 12.7 07.1
2007 11.4 11.0
2008 11.8 11.6

It would be interesting to see the new RFE rates, as this memo gets actioned at USCIS.

Best Wishes for all.

USCIS posts Q&A and more helpful (?) information

http://www.uscis.gov/portal/site/uscis/menuitem...

Best Wishes

A simplistic explanation by a law firm is here:
http://martinvisalaw.blogspot.com/2010/01/cis-i...

When folks transfer to a new employers using AC21 (where AC21 is otherwise valid) -
0. NOT APPLICABLE: for folks who only use the EAD for the AC21 and do not use H1 transfer.
1. OK: for folks where you work directly for the new H1 transfer sponsor.
2. DIFFICULT: When H1 transfer using AC21 is sought from a sponsor just to meet AC21 criteria, while one works as a consultant.

AC21 Beware - is specially meant for those wishing to seek AC21 from a small consulting company - because finding some big employer who would presently write a job description in the offer letter to match the criteria ("same or similar") that was advertised for the Labor certificate underlying a I-485 petition that has been pending 7 or more years back does not seem very practical.
_______________________________
In general, for folks on H1 or those planning to get one -

A. Folks who work directly for the H1 sponsors are OK.

B. With this memo, meeting 'Employee-Employer relationship' shall become tougher to prove for small and specially third party consulting company employees who work elsewhere and for an unrelated (to what is stated on the LCA petition used for the H1) client.

It does not mean that its all going to be dark for all with no hope.
Just that, keeping all necessary documentation, proof of communication of work, duties, progress, status, performance assessments, time sheets, documented business processes, projects related documentation, client-vendor communication, service agreements, etc shall become very tedious for small consulting businesses.

Best Wishes for all

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/...

Its an eye opener especially for folks on consulting company assignments.

Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with its employees.

Wish all the best to all H1b folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/...

Its an eye opener especially for folks on consulting company assignments. getting a new H1 or a renewal both may be subject to very stringent scrutiny. It has the potential to throw a lot of small boutique Consulting companies out of business and along with its employees.

Wish all the best to all H1b folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/...

Its an eye opener especially for folks on consulting company assignments.

Now, getting a new H1 or a renewal both may be subject to very stringent scrutiny.

This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with its employees.

Wish all the best to all H1b folks.
Pray and hope the GC dream is realized faster for all.

Best Wishes

Less than 28% EB category X 7% Country Limit are awarded for EB3 India. Other countries get more - Check here:
http://www.trackitt.com/usa-discussion-forums/i...

Member Profile: Jhaalaa (734 posts)