diqingshen
07-04 12:40 PM
Can we also contact compete america for their actions? Their members companies must have suffered a lot as well.
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imh1b
01-13 01:07 PM
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
aps
09-23 02:26 AM
Most of us are waiting in line for years by sacrificing their career growth and earnings with the so called consulting companies. what for? To get a green card by buying a home here? Is it sensible? common. Bring some common solution to everybody, not for few. If you want to leave some IV members behind, then you may continue with this idea. your proposal DOES NOT MAKE ANY SENSE to me.
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snathan
08-16 06:06 PM
Its just highlighting the profiling because of name of religion or skin color. I agree world is not going to end but Indians need to be assertive to protect their own dignity.
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
In that case we have to do it everyday...not only when SRk was detained. are you doing that...no. Why?
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mariusp
03-28 03:25 PM
I'm more concerned about this:
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Does this actually say that unless the substitution is approved before the rule becomes effective, the labor cert. would be invalidated?
:confused:
eager_immi
07-12 12:08 PM
No one is naive to know Canada is not oozing with opportunity. But since people are sick of the US and it's immigration policy Canada is an option for some especially ones who don't care to go back to India. No country is an option for all neither is USA.
It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.
Just my thoughts.....
lotr
It seems after reading all this that canada maynot be for all aspirants. You need to know somebody already there and should have strong family ties before you land. Or better get a job offer from a company first or acceptance offer from an university if you want to enter as a student.
Just my thoughts.....
lotr
more...
lazycis
02-12 10:33 PM
Educate yourself, check these out:
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
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gc28262
01-24 05:16 PM
If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
more...
BharatPremi
09-24 04:54 PM
Not sure what you are talking about. There are two rules as follows
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
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ramus
06-28 01:00 PM
Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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lahiribaba
06-14 10:14 PM
Well Said Lahiribaba. Takeaway from this is start thinking about How to Position yourself for future?
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
You can do nothing!! These forces are out of your control.
You can only do what Rocky Balboa said ...
"Let me tell you something you already know. The world ain't all sunshine and rainbows. It is a very mean and nasty place and it will beat you to your knees and keep you there permanently if you let it. You, me, or nobody is gonna hit as hard as life. But it ain't how hard you hit; it's about how hard you can get hit, and keep moving forward. How much you can take, and keep moving forward. That's how winning is done. Now, if you know what you're worth, then go out and get what you're worth. But you gotta be willing to take the hit, and not pointing fingers saying you ain't where you are because of him, or her, or anybody. Cowards do that and that ain't you. You're better than that! "
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kuhelica2000
02-13 02:01 PM
Grupak, I am not suggesting any single country is monopolizing the foreign worker pool. Employment laws in the US are fairly non-discriminatory except the diversity in workplace or "Affarmative Action" component which prefers a minority when two candidates possess the same skills.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
I don't understand this logic. We are talking about employment based GC.
Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.
Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.
Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.
Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.
The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.
Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.
My comment was on someone suggesting moving ahead without the ROW participation since they only comprise 20% of the membership pool.
I don't understand this logic. We are talking about employment based GC.
Lets be clear that we are talking about people who are employed in the US and their employers have sponsored their green cards (except the EB2-NIW, EB1_EA). These people are employed because of their skill at jobs not their national origin.
Are you suggesting that somehow people of some countries have monopolized the foreign worker pool by born in the same country and NOT because of their skill.
Since we are talking about a privilege and benefit that comes from being employed in the US, you are actually suggesting that US employers should consider country of birth and not just skill in the employment.
Tell me how did the Chinese, Indian, Mexican and Filipino workers unfairly monopolized the foreign worker pool. As far as I am aware, these countries have large populations and a lot of Science and Engineering graduates happen to be from these countries.
The country cap makes sense in family based immigration system when extended beyond the immediate family members. IV is not for FB GC issues.
Again, employment in the US is based on skill not country of birth. The foreign workers are here because they are needed, and US will benefit by keeping these skilled workers long term. What IV is doing benefits all employment based GC.
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Desichakit
07-17 12:33 PM
As per USCIS VISA Bulletin of July 2008. If there is spillover from EB2 to EB3 the it will benefit EB3 India as Visas have to be allocated to more retrogessed country first. Even if that is not that case and numbers are evenly spread even then EB3 India stands to be at advantage. I think EB3 India will benefit from this intrepretation eventually.
EB2 India 2008
EB2 India 2008
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thomachan72
01-13 02:59 PM
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
Are these provisions new? I am not aware of the previous laws reg H1bs that is why I am asking. Previously employer did not need to have direct supervision?
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TeddyKoochu
01-15 02:45 PM
Difference between Job shops and reputed Companies
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies
This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them
Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.
Indian body shoppers employ a H1b Persons and many of them are in hourly. No project then no pay. Also because of H1b and GC employer has complete control over the employees about pay and other benefits. No pay in bench is violation of law and both employee and employer are willingly accept that. Because of that employer and employee does not have any risk and employer always make huge profits without exposure of any risk. Employee also does not have any risk of losing GC process. So our body shoppers are attractive destination for GC aspirants.
The companies which follow rules are forced to pay bench or lay off. So both employee and employer are risk of survival. Companies may be under risk of heavy loss when there are too many people are in bench. That means companies which follow rules and regulations are making loss in tough times at the same time Body shops always make money and worst case scenario no loss no gain. Also GC process is uncertain for those who are working in good companies
This inequality was known by everyone including USCIS. So they are coming up with regulations. Some good apples will also be impacted when there is a rule is formed. There is no surprise of opposition as many Indians fear that it may impact them
Very Well said, many good apples will be impacted along with their families virtually thrown under the bus/bulldozer.
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engineer
07-04 09:47 AM
Anybody who got contact at NPR or anybody who want to take a challenge and work on contacting NPR and telling them about our story.
http://www.npr.org/about/pitch/
Sent NPR following:
Dear [Insert Name]
Re: Administration Slams Door on Thousands of Legal Immigrants
Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.
The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.
The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.
Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.
If you like more information, please contact me at [email address] or [cell phone no].
We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy
References:
US DOS July 2007 Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
US DOS revised bulletin for July 2007:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
http://aila.org/content/default.aspx?docid=22804
http://www.npr.org/about/pitch/
Sent NPR following:
Dear [Insert Name]
Re: Administration Slams Door on Thousands of Legal Immigrants
Per US DOS July 2007 Visa Bulletin that came out on June 2007, all Employment based categories were going to be "Current" starting from July 2nd. Based on this information, many of legal immigrants like me, with approved labor certifications, worked day and night, spent enormous time and money to prepare our applications for filing Adjustment of status (AOS) application (I-485). This involves, going through a medical checkup, getting shots for required immunizations and paying hundreds of dollars in lawyer fees.
The applications were all ready to be filed but against all odds, DOS issued a notice in the morning on July 2nd, informing that no AOS applications will be accepted. The visa bulletin has basically been revised and no employment based visa numbers are available for any legal worker. It states that visa numbers are no longer available until October 1st when the FY 2008 would start. This is such a waste of so much money and efforts from the legal workers, some of whom were waiting for more than 3 years to file for their AOS applications. They finally saw a hope and prepared themselves, but even before the day came, their hopes were taken away from them. It is amazing how the DOS and USCIS can make such a big mistake in their predictions about the visa number availability.
The visa bulletin for June had moved the visa availability dates (referred to as priority dates) by more than a month for certain categories. A number of applications for AOS were therefore expected to be filed in the month of June. However, DOS still calculated an abundance of visa numbers and therefore moved all the dates for all categories to "current" for July. And now this morning, the visa bulletin has been revised to make visa numbers unavailable to everyone. This does not look right and begs for an investigation. The whole system of generating cut-off dates is not defined and there is every reason to believe that the dates are manipulated to serve certain hidden agendas.
Please do a news story into this matter to help legal workers who are in USA for many years. Some of us have been working in the US for more than 10 years and still do not have permanent residency. We are paying our taxes and are law abiding members of the society. So we request President to intervene in this matter.
If you like more information, please contact me at [email address] or [cell phone no].
We are part of Immigration Voice is a non-profit organization (501 (c) (4) approved) working to alleviate the problems faced by legal high-skilled foreign workers in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government. We work towards eliminating procedural hurdles by interfacing with the government branches that formulate policy
References:
US DOS July 2007 Visa Bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html
US DOS revised bulletin for July 2007:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
http://aila.org/content/default.aspx?docid=22804
more...
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eb3_nepa
09-23 12:31 PM
How do you propose to actually IMPLEMENT this though? I mean how does one actually get out of the quota by "simply agreeing" to buy a house? How does the USCIS enforce that? Don't get me wrong, I would actually possibly benefit from this, but I am not sure how exactly this will go down? The anti-immigrants will see this move as a "BUY YOUR GREEN CARD" or "THE US CITIZENSHIP UP FOR SALE" move.
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thepaew
12-14 04:30 PM
Well Said - I feel that this discussion is counterproductive. In my opinion (I am no lawyer but I feel strongly about this), there is no constitutional remedy available. The only accomplishment may be that we alienate non-Indian members.
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
I know what I am about to say will trigger a lot of reaction and some resentment, but it has to be said on behalf of those who are not Indian. I think the per country limit is to ensure that people of all nationalities and races have an equal opportunity to obtain a green card and to ensure that no one nationality, group, or even sector (i.e. IT) monopolizes the so few visas that are available. In fact, in the visa lottery, countries become excluded when the number of immigrants from them reach a certain point, so we are lucky they do not do that in the Employment-based system!
I think that by wanting to remove the per country limit so more Indians can avail of the green card quota is both asking for "special treatment" and a slap in the face for all the non-Indian IV members. The more I read the threads on this site, the more I feel that this organization is geared just to one ethnic group. I am sure that Indians probably make up the majority of members, but the founders of IV (I hope) did not want this organization to become one-sided! Please be considerate of ALL members and try to come up with suggestions that would benefit ALL members!!!:mad:
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thomachan72
09-04 10:59 AM
This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
snathan
08-16 11:28 AM
I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.
snathan
08-15 10:33 PM
Bollywood should first pay taxes, none of these icons, pay taxes legimately in India, remember them dancing in the partys of mafia, which is tied to terrorists, I think the agent did a great job in nabbing this guy. The VVIP mentality should end in India. Stupid illeterate politicians are over playing this, Ambika Soni should do what she is supossed to do in her office.
Then India would become a well developed country and will rule the world. :D
Then India would become a well developed country and will rule the world. :D
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