dilipcr
06-12 03:24 AM
dilipcr ....... I am perplexed by your responses. To be honest you are flip flopping in your statements. Now if you lose job, please do not come to India seeking a job as PIO. or dual citizen. Should India be also closing doors on her children who showed her backside?
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
Unseenguy,
I am fairly confident, touch wood, that I would not be dependent on India for a handout. I have paid my debts to the Indian society by investing in India. I did not graduate out of an IIT but I did graduate out of the 2nd best engineering college (atleast then) in Rajasthan, India. I am sure you guys would have guessed it by now. Just for the record, I had to pay full expensive tuition and my education was not subsidized. By my responsible style of life, I believe that I have become a self made man and so would hopefully be of material help but not a public burden to India. be rest assured !!!
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PlainSpeak
01-13 01:18 PM
Few questions for the self proclaimed expert analyst who started this thread -
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation? I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
I know you do not have any real responses...only abuses which you responded with on the other thread.
Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim.
Ahhh my friend forever_waiting, how are you. It is good to see your reply to the post. Will be do this the civilized way or the old way??
In direct response to your post
First i am not a expert nor an analyst musch less a self proclaimed expert analyst. Take that as a given and we can procced further
1) How many lawmakers have you met to represent these provisions you claim to be so passionate about?
None because i do not believe in supporting, representing or furthering the agenda of an organization which has loop holes in it and is determental to my case
2) Have you visited capitol hill and tried to understand what the congress thinks about EB legislation?
I did - during the IV advocacy event last year with hundreds of eb2 and eb3 members.
No i have not. Why do i need to visit capitol hill and view in person what congress thinks about EB legislation when i can do the same by watching CSPAN(I am a regular watcher expecially when there is something immigrant related going on. All a process of expanding my knowlesge of immigration or do you think i got up yesterday morning and decided that i want to fight with IV. If you did then i am sorry i gave you more credit then that. And please do not start a new thread about how lazy i am and how i want others to work for me and how i just want the benefit without effort. That would be old and stale. If there is something to be done in which i believe i will be the first to jump in and volunteer
3) How many members here have you actually worked worked with? Because the people I know here who actually do the grass root work with me (both eb2 and eb3) do not care about theb category they belong to.
YES and i never said you are not fair. I know EB2 and EB23 owkr toghether in IV. My efforts of meeting people have been made outside the scope of what you and others do. I am being modest when i say this but i was the first person in my company to make generate awareness about what IV did and how it is helping immigrants like us and encouraged them to visit the website and read about what IV is all about. This is about 75 to 100 indains (EB2 and EB3) in an organization of size 500 during teh time period 2006 to 2007. Now most of them were EB2 so they got their green card and i am sure are no longer on the IV forum anymore. I am sure those who are still on IV forum are EB3 like me. How much they parrticipate, it is hard to tell. Maybe they were smarter than me and got dissalusioned with IV way before i did. They might be porting or they might not be for all i know
Besides that i am pretty much regular on Murthy where i have provided advise or tried to help people with information whne i could (O f course all of this was H1B/ Visit Visa stuff). Even today on IV forum i am trying my level best to help peopl ewith information related to AOS/EAD/140/485 etc
I am sorry because what i did till now is nowhere near what you and other IV volunteers are doing but i do what i can when i can.
My friend forever_waiting, I hope i answered everything to your satisfaction
As to the below
I know you do not have any real responses...only abuses which you responded with on the other thread. Its funny how plainspeak is the one usually doling out the abuses but claims to be the victim. I am sorry i am done trying to explain it to you all over again. May god grant you wisdom
h1techSlave
12-09 10:14 AM
" members are more interested in how to get their maid to US, which airline to fly etc etc .." and whether they should purchase a home or not. Members spend all their time in heated arguments for and against purchasing a home. pinto, are you familiar with any such members in this forum? ;););)
Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
members are more interested in how to get their maid to US, which airline to fly etc etc ..
I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D
Thanks h1b ...thanks everyone else for the overwhelming support. actually it seems that without core leadership / directions ..IV is fast becoming just like a chat forum or as Indian ambassador would have put -- a headless chicken.
members are more interested in how to get their maid to US, which airline to fly etc etc ..
I guess time for rest of us to lay back ...and see what fate has in store without worrying much :D
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msp1976
02-13 03:42 PM
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Out of those 400K ....200K happen to be India/China...
Today's projection for me EB3/India is 7-10 years to get GC....
with a higher number this would come doen to 2 years ( would it ???)..That is the whole game...EB3 India might not become current but at least EB3 ROW would be current and then the spillover would make EB3 India picture much better....
Also AC21 allows the spillover to happen quarterly rather than annully...not in the fourth quarter..( Please correct me if I am wrong..)
Reference
http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_
Look at a(3)
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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newtoearth
05-03 02:05 AM
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raveen
08-02 06:02 PM
Hello sir, I am on H1B, a new company is hiring me and they have little knowledge about h1b issues, my h1b transfer is not filed yet, they are 100% sure that they r gonna hire me, but I haven't decided whther to work with them or not, the other day I went to their office to fillout the application for background check but they made me fill out all the forms that a candidate has to fill during the hiring process, they went ahead and filled my I-9 and w-4 forms too. I was thinking that it's all a process of pre-hiring,but after coming home I did a little research and found out that I-9 has to be filled after they transfer my h1b, do you think is it gonna be a problem?I e-mailed them not to put me in the system, did I violate any law by getting hired by them before even my visa transfer process is started?ofcourse I didn't start my work and I am not going to start until my visa tranfer is done. The employment is at will and I didn't sign any contract with them, do you think they will create any problems for me in future(if they want to)?b'cos I haven't decided to work wth them yet and I may tell them that I am not gonna join them. Please advice me I am really tensed.
Thanks in advance
Thanks in advance
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sparky_jones
05-28 10:43 PM
"When asked about the potential cutoff dates for EB3 India, China, and Mexico, Mr. Oppenheim said that it would depend on the demand for these categories over the rest of FY2009"
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
What demand? Aren't these categories already "Unavailable" for the rest of FY2009? What will generate the demand? His earlier statements seem to suggest they have a pretty good handle on the number of cases pending and the EB categories and chargeabilities of those cases. Should'nt they already have a pretty good handle on the demand? On one hand, Mr. Oppenheim is throwing out numbers like they've got it all figured out...and immediately after that he makes a statement which implies they haven't a clue!
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paskal
02-14 02:48 PM
chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?
but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.
therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.
therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!
also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.
just my 2c.
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EkAurAaya
07-10 11:41 AM
Dude you just gave me goose bumps! You should forward your heart felt note to media outlets!
I sincerely wish you the best! God Bless! Good luck with everything...
At least you wont have to worry about "visa-status" "legal/illegal" "H1b" "H4" Labor Cert" i140" i485" EAD" AP"... F$#% that! :D
I sincerely wish you the best! God Bless! Good luck with everything...
At least you wont have to worry about "visa-status" "legal/illegal" "H1b" "H4" Labor Cert" i140" i485" EAD" AP"... F$#% that! :D
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MERAMICBOY
08-01 12:26 AM
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.
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.
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roseball
01-13 01:49 PM
Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
This memo, if followed, could stop anyone working for consulting companies (body shops) from getting H1 extensions or new H1s on the basis of lack of employer-employee relationship. People working for companies like IBM, Accenture, etc are still ok but people who work through consulting companies at client sites where the consulting company (employer/petitioner) only runs the employees payroll and has no control over an employee's day-to-day job responsibilities, are now deemed to be lacking an employer-employee relationship and hence may no longer get H1s (new or extensions).
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dontcareanymore
09-03 05:28 PM
You claim that you dont know him and your only knowledge of him is through reading the news and yet you argue against those ruled by him. Did it ever occur to you that these people might know more things (that are not reported) than you do ?
Welcome dealsnet reddy.
IV have some threads about unrelated issues. But many replied because it is related to home country.
But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.
THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.
If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.
SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
BJP President said as a mark of respect for the late leader, BJP�s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party�s flag will fly at half mast following the demise of a leader of the opposition party
Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)
SEE openion of TOI readers.
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)
Welcome dealsnet reddy.
IV have some threads about unrelated issues. But many replied because it is related to home country.
But yesterday many people put funny posts regarding a second time elected CM, made me a bad feeling. Some one want to see his son also want to be killed. It means he want to see YSR family perished. No one put a comment like this when terrorist Kasab went rampage in Mumbai, no one want his family to be killed. This shows Kasab is better than DR. YSR Reddy ???. Educated people must behave responsibly.
THIS ALL SHOWS, THE THE POSTS AGAINST HIM IS PARTISAN. SRK AND YSR ARE DIFFRENT. SRK done it for publicity for his film.
If he is bad, no one vote for a second term. First time in AP, Congress CM completed 5 year term and elected for the second term. I don't know him. But reading from the online news, the comments which I have seen is very disturbing. Five people lost their lives. All family members are in a shock. One of the pilots wife is still not talking, becuse of the shock.
SEE FROM BJP FIRST TIME FOR AN OPPOSITION LEADER:
BJP President said as a mark of respect for the late leader, BJP�s flag would fly at half mast at the party headquarters. Party leaders said this is perhaps for the first time that party�s flag will fly at half mast following the demise of a leader of the opposition party
Many states declare public holiday for his respect. These are ruled by other parties (Karnataka, TN etc..)
SEE openion of TOI readers.
India - NEWS - The Times of India (http://timesofindia.indiatimes.com/opinions/4967438.cms#top0)
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Saburi
07-08 06:19 PM
This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.
Please let me know on this.
Thanks for your help
Saburi.
Please let me know on this.
Thanks for your help
Saburi.
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reachinus
07-31 01:09 PM
Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
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krish2005
01-16 06:18 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
Thanks for the post. Is there such a requirement when there is a renewal of H1B ?
dresses %IMG_DESC_12%
apb
12-14 05:24 PM
I agree. But the reason for that is not the per country ceiling. It's the fact that the total EB quotas (140,000) is not realistic to the present situation. That needs to be increased and there's your solution.
(Believe me, I do understnad your fustration. I really do)
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
(Believe me, I do understnad your fustration. I really do)
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
more...
makeup %IMG_DESC_9%
digmetalq
09-04 03:47 AM
True_facts, you cannot denigrate dead people. I know you are coward, because you cant say what you can say with your own ID. Go to every village in AP, people are better off now than 5 years ago,that's YSR's legacy. YSR improved irrigation, infrastructure across state and percapita income in state.
I know one Andhra CM called Chandra Babu Naidu who was NTR's son in law, he was the one who reformed the software industry in India, and it was because of the enterprising software engineers working in US made the world realise how Indian engineers are good not only in innovation but also enterprising. Example Bill Gates was the first one to discover the potential.
I know one Andhra CM called Chandra Babu Naidu who was NTR's son in law, he was the one who reformed the software industry in India, and it was because of the enterprising software engineers working in US made the world realise how Indian engineers are good not only in innovation but also enterprising. Example Bill Gates was the first one to discover the potential.
girlfriend %IMG_DESC_14%
venky321
01-13 07:31 PM
what the heck is all this
i cant even understand a single word
is it going to effect the students who did their masters here?
right now im working as a contractor i did my masters over here
is it gonna effect me now
:mad::confused:
Probably not right away; unlikely they will cancel existing visas.
But over time those working for consulting companies could face hurdles at every step of the way, extensions, visa stampings and even at port of entry.
Use your time to find a permanent job.
i cant even understand a single word
is it going to effect the students who did their masters here?
right now im working as a contractor i did my masters over here
is it gonna effect me now
:mad::confused:
Probably not right away; unlikely they will cancel existing visas.
But over time those working for consulting companies could face hurdles at every step of the way, extensions, visa stampings and even at port of entry.
Use your time to find a permanent job.
hairstyles %IMG_DESC_11%
ssharma
07-08 09:34 AM
Is there certain minimum "safe" numbers of days one has to stay with the sponsoring company after getting the EB Green Card.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.
I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?
Thanks for your time.
In my case I have been working with my employer since Sept-2001 (almost 7 years). My GC labor was started in Dec 485 filed in May and GC approved June 24, 2008.
I was in the middle of changing jobs using AC21 just before my GC got approved, hence this urgency. How soon can I join some my new job ?
Thanks for your time.
gondalguru
06-28 04:24 PM
Does your attorney cost $400 to $800 an hour. I work with a law firm and our attorneys per hour rates are from $400 up. I don't understand your description of "very very high profile" attorney.
Yes they cost around 350$ an hour. So I guess that makes them very very very high profile. Right.
Yes they cost around 350$ an hour. So I guess that makes them very very very high profile. Right.
BharatPremi
12-13 09:40 PM
As you use the phrase Check Mate....
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
Chess is all about thinking strategically several moves ahead.
Given the current political climate on immigration I think that we will be in a check mate position (on the loosing end) if we pursue that road.
The anti's would be all over us as soon as we filed in federal district court probably even before a hearing, and definitely after a hearing. If we lost in lower courts the Supreme Court would probably refuse to hear the appeal, in the mean time we'd have just stirred up the anti's hornets nest against us, just as much if not worse than against the illegals.
Asking Congress to make small changes in the existing laws annoys the anti's. Telling them or forcing them to wholesale rewrite their laws would make us public enemy #1. We would be lucky to have more than a handful of law makers willing to stand up for us. It would kill off all lobbying ability.
Think of lobbying as polite negotiation.
Think of Supreme court case as picking a fist fight, in which we are badly out numbered.
Once you have started a fist fight it is much harder to negotiate, especially from a loosing position.
I would rather negotiate than fight, I would rather lobby than court challenge.
So yes, check mate, if we follow this route.
Alternatively, a British phase: Royally screwed!
It make sense to use the wisdom tooth and be practical. But even with lobbying we will still have cat (Anti's)... no way to bell it?
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