jonty_11
05-24 04:53 PM
H4s should become illegal as soon as this bill passes..I agree...
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a.j.2048
02-15 11:01 PM
well i dont know if they actually said that or its your own conclusions
http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf
It is important to note that for this particular sample size of 246 cases, the percentages listed above represent statistically valid figures based on generally accepted statistical reporting guidelines.
without the number of student intake doubling/trembling up to make it one
The number of foreign students has definitely increased since then. The quota is not that
big, so even a small increase like say 10% in the number of foreign students is enough to
swamp the quota.
http://www.usatoday.com/news/education/2008-11-16-foreign-students_N.htm
These numbers are truly historic," says Goli Ameri, assistant secretary of State for educational and cultural affairs. "We haven't just covered lost ground � we have now surpassed" previous records.
Plus more than enrollment, it is the economy that governs how soon the quota is reached. In my experience, the economy
showed good growth after 2005, which understandably led to increased hiring.
again i dont know if thats what the anti-immi's complain
http://www.cs.ucdavis.edu/~matloff/Archive/FraudNotTheIssue.txt
The employers will still be paying only the official prevailing wage, which is far
below the real market wage, and it will be business as usual. Again, this is the
loopholes at work, in this case in the legal definition of prevailing wage. Most
employers who are using H-1Bs as cheap labor are doing so FULLY LEGALLY.
The true rate of abuse of the H-1B program is near 100%.
THE FRAUD ISSUE IS IRRELEVANT
http://www.uscis.gov/files/nativedocuments/H-1B_BFCA_20sep08.pdf
It is important to note that for this particular sample size of 246 cases, the percentages listed above represent statistically valid figures based on generally accepted statistical reporting guidelines.
without the number of student intake doubling/trembling up to make it one
The number of foreign students has definitely increased since then. The quota is not that
big, so even a small increase like say 10% in the number of foreign students is enough to
swamp the quota.
http://www.usatoday.com/news/education/2008-11-16-foreign-students_N.htm
These numbers are truly historic," says Goli Ameri, assistant secretary of State for educational and cultural affairs. "We haven't just covered lost ground � we have now surpassed" previous records.
Plus more than enrollment, it is the economy that governs how soon the quota is reached. In my experience, the economy
showed good growth after 2005, which understandably led to increased hiring.
again i dont know if thats what the anti-immi's complain
http://www.cs.ucdavis.edu/~matloff/Archive/FraudNotTheIssue.txt
The employers will still be paying only the official prevailing wage, which is far
below the real market wage, and it will be business as usual. Again, this is the
loopholes at work, in this case in the legal definition of prevailing wage. Most
employers who are using H-1Bs as cheap labor are doing so FULLY LEGALLY.
The true rate of abuse of the H-1B program is near 100%.
THE FRAUD ISSUE IS IRRELEVANT
greencardfever
06-18 12:36 PM
If I switch jobs by doing H1B visa transfer and my new employer picks up the green card process from the EAD stage, does my new employer have to be located in the same city as the one mentioned in my PERM labor application of my current employer. The reason I ask is because my PERM application says my current job location is in Town X, State Y and I wondering if I have to stick to Town X, State Y when I find a new job or if I'm free to work anywhere in the US.
Please let me know. Thanks.
Please let me know. Thanks.
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gcpadmavyuh
03-17 12:06 PM
Sahaayam:
My personal advice - you should consult with an experienced attorney with the specifics of your case. This is not a very typical case, and what you hear on this forum may not be very useful for you.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
My personal advice - you should consult with an experienced attorney with the specifics of your case. This is not a very typical case, and what you hear on this forum may not be very useful for you.
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
more...
GC08
05-28 06:44 PM
It is getting clear now why Legal Backlogs are not touched in this present Bill.
Because Home Land Security Dep budgets depend on them..If backlogs are gone .. Budget is gone ...
So our backlogged cases will not get relief ..Looks like this will remain unfair reality
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
Because Home Land Security Dep budgets depend on them..If backlogs are gone .. Budget is gone ...
So our backlogged cases will not get relief ..Looks like this will remain unfair reality
This is so outrageous! :mad:
What can legals do then to change the situation? :confused:
McLuvin
04-02 04:52 PM
Even a broken clock is right twice a day. I just think it�s a waste of time 'predicting'
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
Well... I agree with you and please accept my apologies !!!
Anyways, don't you think we should behave a little better in public forums? (I'm referring to the language in your post)
Well... I agree with you and please accept my apologies !!!
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styrum
02-08 03:05 PM
Well, MS + 11 month (but not 12) will do then, cause zone IV is has SVP "7.0 to < 8.0"
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
I (DOL rather) take it back. SVP "Levels" are not fractional so (7.0 to < 8.0) actually means 7 only (http://online.onetcenter.org/help/online/svp):
7. Over 2 years up to and including 4 years
8. Over 4 years up to and including 10 years
So there is nothing between 7 and 8, and since 8 is not included into the interval it means 4 years max for zone IV. Period!
So, for zone IV employer can't require more than BS +2 or MS with no experience for the requirements to be considered "normal". Nice!
Check out this passage from the Job zone IV desctription though:
"For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified."
So "several years" can't be more than 2!!!!:eek:
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ajju
09-07 12:24 PM
I have master's degree from US and 6 years of experience
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
Recently.. EB2 has got more restricted and employers are scared to take this path now... But that does not mean you can't apply as EB2...
Earlier BS+5 years was sure shot.. not anymore...
Still MS+few years (6 in your case) should qualify as EB2.. But Job must be needing a MS qualification.. And its difficult to qualify from job/employer point of view if you are doing mere consulting that any one (MS or BS) can do...
Hire a different lawyer and check with him.. Its mostly upto the lawyer what to do and what not.. Company lawyer will always think in best interest of the company not your's...
more...

jkays94
04-03 11:22 AM
Exactly what happens when thousands of people contact senators instead of one fax from one organization with one point of contact just so that if some one actually calls back from the senator’s office we at least have some one who could explain the situation in a way that makes sense?
There is another side to that coin, Senators will not be swayed on an issue unless it directly affects a constituent of theirs. AILA has fax and mail campaigns and so do anti-immigrant organizations such as NumbersUSA who according to their organization last week in only 3 days claim to have sent 120K faxes! IMHO one fax will not cut it, a hard copy letter with every single member's name signed to it would be great but picture the logistics with only 2 days to act. I again refer to AILA, AILA has sent letters (see my earlier post referring to the links) but also urges the public and pro-immigrant groups to contact congress enmasse with content that they provide. As for the person who couldn't articulate the issues, that is indeed unfortunate as one in a worst case scenario can always give their personal story, be it retrogression, BECs, H1 cap, H4 inability to work etc etc or if they need to gather their talking points request an appointment to discuss the issue.
There is another side to that coin, Senators will not be swayed on an issue unless it directly affects a constituent of theirs. AILA has fax and mail campaigns and so do anti-immigrant organizations such as NumbersUSA who according to their organization last week in only 3 days claim to have sent 120K faxes! IMHO one fax will not cut it, a hard copy letter with every single member's name signed to it would be great but picture the logistics with only 2 days to act. I again refer to AILA, AILA has sent letters (see my earlier post referring to the links) but also urges the public and pro-immigrant groups to contact congress enmasse with content that they provide. As for the person who couldn't articulate the issues, that is indeed unfortunate as one in a worst case scenario can always give their personal story, be it retrogression, BECs, H1 cap, H4 inability to work etc etc or if they need to gather their talking points request an appointment to discuss the issue.
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ivgclive
10-19 06:21 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
more...
ramaonline
11-08 02:52 AM
I have an nre repatriable demat acct thru icici - it took all of 5 mnths and over 30 calls to cust svc to get the acct opened. The acct was mainly for utilizing the indian stock opts given by employer. You can trade as an NRI but online trading is not available for US residents on nre demat accts - u can however trade thru a broker like sharekhan etc.
All dividends are credited only to your NRE savings a/c - not to regular savings a/c. Any stock sale requires an authorization number which the broker can provide. Taxes on capital gains must be paid only if you sell within a year of purchase - the percentage is the same as for Indian citizens. There is no tax on long term cap gains
Since we do not have any taxable income in India, and many NRIs make charitable contributions regularly, the tax liabilities are usually not very high
Also there is a very informative section on sify.com for NRI taxation. You are not required to file any tax returns if you are in NRI status and are within the exemption limits.
All dividends are credited only to your NRE savings a/c - not to regular savings a/c. Any stock sale requires an authorization number which the broker can provide. Taxes on capital gains must be paid only if you sell within a year of purchase - the percentage is the same as for Indian citizens. There is no tax on long term cap gains
Since we do not have any taxable income in India, and many NRIs make charitable contributions regularly, the tax liabilities are usually not very high
Also there is a very informative section on sify.com for NRI taxation. You are not required to file any tax returns if you are in NRI status and are within the exemption limits.
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lelica32
05-21 02:01 PM
I see just April 15, I tryed with IE, Mozilla, Opera.
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n2b
09-05 05:18 PM
Hello Everyone,
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
It would make more sense to compare and brainstorm if you can post the skillset you have in mind and the rate you wish for?
I agree that being on EAD or having a GC puts a person in a better situation compared to H1B but the bottom line is the skillset in context, demand for that skillset and expertise that one has in that skillset.
I am back again. This forum is outstanding when it comes to reliable information....
I work for a reputed US Consulting firm. They under-pay you and make you over work. They market fake resumes in a polished way. YES... IT is TRUE. Don't just blame the desi consultants.
I am on a EAD. I wanted to switch to hourly basis and wanted to see if there are any direct vendors who would be ready to pay better rates. Desi Consulting Co. is out of question. From my experience, Robert Half is bad too. Is there a better way to market yourself..to the employer?
Any help will be appreciated. !!
It would make more sense to compare and brainstorm if you can post the skillset you have in mind and the rate you wish for?
I agree that being on EAD or having a GC puts a person in a better situation compared to H1B but the bottom line is the skillset in context, demand for that skillset and expertise that one has in that skillset.
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alias
08-18 06:38 PM
This is a sheer tactics with no substance at all. Realistically that situation won't arise in a single lifetime considering this current immigration environment :) To get the GC is ~10 years and then citizenship is another 5 years and then applying and getting family immigration is another ~10-15 years (if not more) by that time the applicant's (adult) parents won't survive anyway, if not the initial applicant himself!!
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indianindian2006
09-05 01:50 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Sorry to hear your experiance,maybe you came across the wrong person,my wife traveled 3 times on AP recently as she had a family emergency and had a good experiance all the 3 times.Shows once again how important it is to get the GC so that this intimidation can end.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Sorry to hear your experiance,maybe you came across the wrong person,my wife traveled 3 times on AP recently as she had a family emergency and had a good experiance all the 3 times.Shows once again how important it is to get the GC so that this intimidation can end.
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spicy_guy
10-01 08:20 PM
I don't think that the rules are unfair. If both parents are Indian citizens, then the child is eligible for primary citizenship of India. Hence how can he be allowed to take OCI when he infact can get primary citizenship? Also the rules are created with rules for all countries in mind not just USA and also they are intended to protect those who lived in India, paid taxes in India and these rules are to protect interests of children born in India.
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
I live in US with my wife, we dont have any kids and yes I am in race for GC. But I also know a few couples who applied for US passport for their kids, went back to India, got their kids educated at Indian Citizen's fee schedule in general quota and then sent their kids to US back with citizenship of US.
Unless in some exceptional cases, I don't think US kids can education in India at regular fee schedule. How do you prove your kid is an Indian Citizen, to consider your kind under regular fee schedule?
So..... didnt this put Indian kids born in India at disadvantage?
Did you actually know how they did it?
more...
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vxg
02-19 08:13 AM
If you are IEEE member than IEEE has the best rates.
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kshitijnt
05-14 07:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
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logiclife
07-09 11:37 AM
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
DDLMODES
07-06 10:34 AM
This will be a class action lawsuit which means that all the people who are in the same class as the plaintiff will get the benefit of the favourable decision. Now on whether to file or not, it is an individual decision but most of us have already prepared for the filling so there is no harm in going ahead with the filling. The worst will be to file again but nothing more than that can happen and as I have heard most of the attorney will not be charging again when people will be refiling their cases. So better to file your case and let USCIS reject rather than feel sorry later on if the judge rules in favour of the lawsuit.
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
If I file today, how can I be in the same class with a guy that filed on the 2nd before the new bulletin came out ?? This is where I don't understand.
I think is more for them to get a lot of people affected thus give the lawsuit more weight and also to justify the billing.
As for whether competing for visa numbers is fair or not, of course is not...
Disclaimer: ( This is not a legal advise or IV's stand but a personal though process)
If I file today, how can I be in the same class with a guy that filed on the 2nd before the new bulletin came out ?? This is where I don't understand.
I think is more for them to get a lot of people affected thus give the lawsuit more weight and also to justify the billing.
As for whether competing for visa numbers is fair or not, of course is not...
ragz4u
01-23 01:58 PM
Hi guys, I just contributed $50. Will be contributing more in the next few weeks. I also want to volunteer in other group efforts. Let me know how I can help. I live in IL.
In addition to that we are currently in the process of creating local teams for every state. You can volunteer to create a team for the state of Illinois. Are you willing to do so?
In addition to that we are currently in the process of creating local teams for every state. You can volunteer to create a team for the state of Illinois. Are you willing to do so?
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