axp817
03-25 03:31 PM
I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.
Any cases you might have come across?
In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.
Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.
Any cases you might have come across?
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h1techSlave
09-26 05:06 PM
Going thru Obama's comments, he is sure to put a stop on H1B visas in the name of keeping American jobs in America. Then what would happen is that all American companies will send their whole IT departments to India. The end result will be that there would not be any decent paying jobs in this country.
CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
CIR will pass and illegals will choke the whole USCIS. Good bye to EB GCs.
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
sumanitha
12-19 03:04 PM
Actually I am not against any religion
Today science has found out that the Earth is 4.5 billion years old. None of the religious book says story about Dinosaurs (Yes all the hippocrats of their religion will intrepret some wordings and make beautiful meanings out of it and will say it has already been quoted.. I have heard enough lectures on that and since you wont know the meaning of the actual word they will play with those words.. )
I was actually amazed with the way every religious scholor tries to interpret the way they have said about the age of Earth.. How smartly people make use of one year is equal to 1 million year or whatever accordingly and try to bring the result of 4.5 billion years per their Religious versus which says 2000 to 5000 years.. man it is amazing..
People's vision are covered with a glass called religion.. you need to take that out and see this beautiful world without it.. That will cure lot of problems..
Dont come and say to me that the more knowledge in science will take you close to religion..
I accept I have very little knowledge in Science but I admire it and I am thankful to it for all of its discoveries and inventions..
Tell me one good thing about religion.. I can talk thousands of good things about science ..(Dont cite examples that Science creates lot of bad things.. people use it in a wrong way .. )
Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology
Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.
They would not have preached the following:
WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
-- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
or
INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
-- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.
Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.
Today science has found out that the Earth is 4.5 billion years old. None of the religious book says story about Dinosaurs (Yes all the hippocrats of their religion will intrepret some wordings and make beautiful meanings out of it and will say it has already been quoted.. I have heard enough lectures on that and since you wont know the meaning of the actual word they will play with those words.. )
I was actually amazed with the way every religious scholor tries to interpret the way they have said about the age of Earth.. How smartly people make use of one year is equal to 1 million year or whatever accordingly and try to bring the result of 4.5 billion years per their Religious versus which says 2000 to 5000 years.. man it is amazing..
People's vision are covered with a glass called religion.. you need to take that out and see this beautiful world without it.. That will cure lot of problems..
Dont come and say to me that the more knowledge in science will take you close to religion..
I accept I have very little knowledge in Science but I admire it and I am thankful to it for all of its discoveries and inventions..
Tell me one good thing about religion.. I can talk thousands of good things about science ..(Dont cite examples that Science creates lot of bad things.. people use it in a wrong way .. )
Right, And u must the the enlightened one. And what do you mean by science: physics, chemistry , math or biology or theology
Is there a difference between god and a religion. I have heard lots of bulls saying " religions are ways to get to the same god" . If that was true then preachers of Islam would not have preached to convert every one to Islam by force or otherwise.
They would not have preached the following:
WA ILAHU KUM ILAHUN WAHIDUL LA ILAHA ILLA HU WAR RAHMAN UR RAHEEM
-- In other words, there is no god but Allah (implying gods of Jews, Christians, Hindus etc do not matter)
or
INN AL LAZEENA KAFAROO WA MA TOO WA HUM KUFFARUN ULAIKA ALAI HIM LA NAT ULLAHI WAL MALAAIKA TI WAN NASI AJMAEEN
-- Meaning : Those who disbelieve, and die while they are disbelievers; on them is the curse of Allah and of angels and of all mankind.
Now, because I don't share your "ideas" you want me to be cursed. What kind of God will do that.
Allaha has 100 names including the names like Saboor (99th), Rasheed (98th), Waris (97th) etc. But where are the names of the Gods that others beleive in.
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unitednations
08-02 11:55 AM
I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
Long live UN(even chain smoke cant distroy you ;) )
Coming to my situatation,
I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.
Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..
So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.
Once again, thanks UN...
-Geek...
very good information. I just hope it isn't too late for people to put in the correct information into the forms.
I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.
Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.
I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.
Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.
Long live UN(even chain smoke cant distroy you ;) )
Coming to my situatation,
I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.
Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..
So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.
Once again, thanks UN...
-Geek...
very good information. I just hope it isn't too late for people to put in the correct information into the forms.
I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.
Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.
I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.
Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.
more...
anand2007
07-07 11:42 PM
I wish you a good luck and hope that your issue will be solved. contact good lawyer soon.
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paskal
07-08 08:46 PM
I have been here 11 years. 4 different employers.
I have all my returns and W2's
why in the world would i keep every paystub?
makes no sense. of course little does.
UN thanks for the comments.
any predictions on where we are headed? my vested interest is in EB2 india...
btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.
also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?
I have all my returns and W2's
why in the world would i keep every paystub?
makes no sense. of course little does.
UN thanks for the comments.
any predictions on where we are headed? my vested interest is in EB2 india...
btw why is everyone presuming that the 60,000 approvals went to India and China? EB3 ROW is retrogressed- all the extra numbers could have gone there. that would in any case be all the better for india/china in the longer term- the faster that backlog is finished, the greater the chance india/china lines will show meaningful movement.
also did you notice the cantwell-kyl compromise amendment in the failed CIR 2007 had a provision for 485 filing w/o visa numbers current?
more...
paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
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jkays94
05-24 01:48 PM
http://www.observer.com/20060529/20060529_Jason_Horowitz_pageone_newsstory1.asp
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
He cautioned against ghettoizing immigrants, which he noted has brought about disastrous results in France, and criticized elements in his own party as �nativist� before lambasting the punditry of Rush Limbaugh, Lou Dobbs and Michael Savage for helping to �fuel the problem,� according to two of the sources.
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ItIsNotFunny
03-27 09:02 AM
10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)
For many of us, lobbying is something other people do�people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.
......
Very nice post.
For many of us, lobbying is something other people do�people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.
......
Very nice post.
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rockstart
07-14 12:47 PM
USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.
Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.
Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.
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transpass
03-26 03:36 AM
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
Where is this ace technology, and I wonder if it's a small firm...
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
Where is this ace technology, and I wonder if it's a small firm...
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yabadaba
08-11 08:24 AM
http://www.flcdatacenter.com/CaseH1B.aspx
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
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paskal
04-09 11:50 AM
Yes, pete, other people should have hurdles. So when they stumble on those hurdles, it would be your gain.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
Its a zero sum game.
We cannot all unite and work on this issue. So let's divide ourselves. Let's split IV into 2 organization, one for EB3 dumbasses who are getting a free ride and didnt go thru the whole 9 yards , and other for smart kids like you and rimzhim.
Let me ask both of you. If you are that smart, how come you are not applying for EB1. I thought researchers would qualify for EB1. Why are you facing difficulty? Could it be that you are not really that good? Because the system does have an HOV lane for scientists to cruise to greencard. Its called EB1. And its current for most categories. What about that?
Why dont you join the fast lane of EB1 and leave the bachelor's degree losers behind who didnt thru the whole 9 yards?
given you find someone's opinion distatsteful, yours is no better. unneeded hostility and provocation help no one. please chill out. everytime something new comes up we are at each others throats. there are better ways to express yourself than personal attacks. i sympathise with your viewpoint but your attitude make me want to run far away.
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redcard
03-23 05:20 PM
Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
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validIV
06-08 10:41 AM
Your common sense tells you to abandon your GC because it is taking too long? Then with your defeatist mentality, you should leave the country now. In case you didn't read a word of what I said, the interest you pay is tax deductible.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
What is the difference if you had your GC or not? If you had it would you still be renting? The ONE and ONLY reason I would ever rent is if it was a rent stabilised apartment in a good location in Manhattan, or when I am saving up enough money to buy.
It's not rocket science, just common sense. In case you are aware, lot of people on this forum don't have gc in hand. What will they do if they decide to leave due to gc taking too long to come through. Ask they bank to give back the money they spend on stupid interest for 10 years for a house upside down ?
Common sense is to rent until you are sure you're staying for good.
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sanju
04-07 11:55 AM
Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.
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Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
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Clarification
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There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
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unitednations
07-09 11:23 AM
Hi Manu..
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
can u pls clarify when u find some time..
from what I understand and you posted, he changed employers from A to B to C.
He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?
but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..
so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.
Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...
(lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)
You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.
However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.
Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.
The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.
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sledge_hammer
03-24 03:49 PM
No, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.
BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.
Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.
Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.
Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.
And you're telling me I am ignorant! You're funny :D
All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.
BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.
Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.
Why USCIS audits are focused on consulting companies ?
It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.
dontcareanymore
08-05 02:33 PM
Friend,
Your questions are valid and great arguments.
Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.
Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).
Again thanks for your politeness, and showing brotherhood.
Here is my input.
you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
My 2 cents:
It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).
you said: How about Comparing job duties of all EB2s and EB3s
My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.
you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.
you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
My 2 cents:
you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.
Most importantly, you cant push people around, just be nice to people. Please.
I stand with you in this fight, but remember you stand with me too, and we stand together
to make a point for all.
Sorry , you can't hide your passive aggressiveness :)
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
Your questions are valid and great arguments.
Do i care to answer them all, no. But since we are talking and not fighting, yes i will take some time to provide my input.
Thankyou for asking my input nicely, i like to belong to a group of educated and people who wear a head on their shoulders.
Now a days its in fashion to go to school and call oneself educated, which to me this is as absurd as buying a piano and calling one self musician. This is my version of an old saying (trying a little bit).
Again thanks for your politeness, and showing brotherhood.
Here is my input.
you asked - You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
My 2 cents:
It was bad because many people were selling labor certificates. I know people who bought them for 10K, and got in green card line and well ahead in line than me and probably you ( we both are on the group today).
you said: How about Comparing job duties of all EB2s and EB3s
My 2 cents: why, what will this give you , other than some unrest and one more fight/arguments.
you said: Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
My 2 cents: Yes i agree. This lawsuit idea is also to stop unjust practice, with good intentions and not all.
you said: Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
My 2 cents:
you are right there are cases where porting makes sense, but you cant claim the same on all cases. There are cases where this practice is unjust and breaking the line.
Why do peole always port in favor of date/time to get faster green card. If porting is so justified ( job duties) how come no one ports to a category that is too late than one they are in.
Most importantly, you cant push people around, just be nice to people. Please.
I stand with you in this fight, but remember you stand with me too, and we stand together
to make a point for all.
Sorry , you can't hide your passive aggressiveness :)
AS I mentioned on other occasions this whole process is screwed up. it gets you worked up when some one compares this (PD recapture) to labor selling. IT IS NOT.
To answer what does one get by comparing the job duties : It gives a lot. It gives EB2 classification only to those who deserve it. I wish the rules are much stricter.So that those who can claim they are EB2 are really entitled to be EB2.
There is so much dirty laundry and not good to bring that in public. But if this law suite goes , it does not take very long to show how genuine some EB2s are.
NKR
01-06 04:12 PM
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
What Gandhi did was right in 1947. Post late 80s, the same Gandhigiri by Indian leaders is not working now. When we are asking Pakistan to reign in terrorism and hand over terrorists, they are laughing at us. Tell me Mr Refugee new, what is your solution to this?.. Note that I am not talking in favor of Modi or anyone here but I hope better sense prevails with our Neighbor.
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
What is happening in Palestine is bad, so was what happened in Gujarat post Godhra, what is sad is such things COULD HAVE BEEN PREVENTED if only Hamas stuck to governance and people from some community in Godhra had not got brainwashed by the neighbor.
Human suffering is the same everywhere, we need to go behind the suffering and find out who the real culprits are. All the war lords, drug smugglers, dons, some extent army, intelligence and sponsorers of terrorism are the real culprits/benefactors, Did you know that one of the Hamas leader got killed along with his 4 wives and many children, if he is a terrorist he shouldn’t be living with his family, a terrorist has no family and no religion. What is unfortunate is that in this ill conceived game, innocents, women and children, irrespective of religion and nationalities are getting killed…
When the world is asking Pakistan to reign in terrorism, Pakistan laughed at the world. Now, even if the whole world ask Israel to stop killing, why would they listen?.
What Gandhi did was right in 1947. Post late 80s, the same Gandhigiri by Indian leaders is not working now. When we are asking Pakistan to reign in terrorism and hand over terrorists, they are laughing at us. Tell me Mr Refugee new, what is your solution to this?.. Note that I am not talking in favor of Modi or anyone here but I hope better sense prevails with our Neighbor.
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man.
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
What is happening in Palestine is bad, so was what happened in Gujarat post Godhra, what is sad is such things COULD HAVE BEEN PREVENTED if only Hamas stuck to governance and people from some community in Godhra had not got brainwashed by the neighbor.
Human suffering is the same everywhere, we need to go behind the suffering and find out who the real culprits are. All the war lords, drug smugglers, dons, some extent army, intelligence and sponsorers of terrorism are the real culprits/benefactors, Did you know that one of the Hamas leader got killed along with his 4 wives and many children, if he is a terrorist he shouldn’t be living with his family, a terrorist has no family and no religion. What is unfortunate is that in this ill conceived game, innocents, women and children, irrespective of religion and nationalities are getting killed…
When the world is asking Pakistan to reign in terrorism, Pakistan laughed at the world. Now, even if the whole world ask Israel to stop killing, why would they listen?.
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