alahiri
07-15 11:01 AM
Like anything else there are people of all kinds...there are h1b's who own a house and BMW's (and stock options in the valley) and there are h1b's that share a apartment with a couple of roomates to save some money.I have been here for 10 years and I have seen all kinds...basically what a h1b does depends on wether he is bachelor,family man ,his age , experience and his priorities in life etc..the only thing common is that everyone of them can be much more productive if they get permanent residency.A GC will give them a lot of choices and will give them wings to fly.
Wish everyone the best ...keep up the spirit and the good work.
Wish everyone the best ...keep up the spirit and the good work.
wallpaper cronenberg,Keira Knightley
StuckInTheMuck
08-07 10:31 AM
Some actual bumper stickers:
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
* Watch for finger.
* Your kid may be an honors student, but you're still an idiot.
* Cover me. I'm changing lanes.
* Learn from your parents' mistakes - use birth control.
* Forget about World Peace...Visualize using your turn signal.
* I get enough exercise just pushing my luck.
* I didn't fight my way to the top of the food chain to be a vegetarian.
* Women who seek to be equal to men lack ambition.
* I don't suffer from insanity, I enjoy every minute of it.
* Hard work has a future payoff. Laziness pays off NOW.
* Some people are only alive because it is illegal to kill.
* Warning: Dates in Calendar are closer than they appear.
* Keep honking...I'm reloading.
* Caution: I drive like you do.
perm2gc
08-11 11:52 AM
In February, Dobbs asked a guest on his show: "The fact is that we are seeing hundreds of jobs being outsourced on the basis purely of a corporation's interest in achieving the lowest possible price for labor. Does that make sense to you?" Later on the same show, he declared, "Corporate America and U.S. multinationals are shipping jobs for only one reason, not for greater productivity, not for efficiencies, those are purely code words for cheaper labor costs."
Dobbs even asks viewers to send him the names of companies that outsource. He then posts the list (scroll down) on his CNN website, under the heading, "These are U.S. companies either sending American jobs overseas, or choosing to employ cheap overseas labor, instead of American workers."
"The results of this issue are crucial to the kind of country we live in," Dobbs told the Atlanta Journal-Constitution in April.
But there comes a time when Dobbs takes off his anti-outsourcing hat. That's when he switches from financial journalist to investment advisor-for-hire, peddling a monthly newsletter containing his investment recommendations. Pony up $398 and you receive Dobbs' investment tips for two years. You'll recognize some of the companies that Dobbs recommends. That's because they're on his list of firms that are "exporting America" by shutting down U.S. operations and opening overseas facilities.
The Lou Dobbs Money Letter is published by Phillips International Inc., which is associated with Eagle Publishing, a leading publisher of conservative-themed books. In each issue, Dobbs singles out one favored company, in which he encourages subscribers to invest. He conducts an invariably softball interview with the firm's CEO, which allows both Dobbs and his guest to tout the company's prospects.
Unlike most investment advisors, Dobbs goes beyond talking up the earning potential of these companies. He typically goes out of his way to praise them as good corporate citizens. The newsletter keeps a running tally of the companies profiled, under the heading, "The following companies have been featured in the Lou Dobbs Money Letter as those 'doing good business with good people.'" The appeal is alluring: You're not just buying a smart investment choice, you're buying a piece of good citizenship.
Dobbs devoted a column in the March issue to touting the prospects of the Minnesota-based Toro Company, which makes outdoor landscaping-maintenance equipment. He told subscribers that Toro was a "long-term wealth-builder," and praised Toro's "formal code of ethics, something I think is sorely needed at more of America's companies," and its "...exemplary corporate governance structure, which aligns the interests of shareholders, employees, and customers." He concluded his interview with Toro CEO Kendrick Melrose by frankly telling him, "I like the way you treat your shareholders, employees, and customers."
One wonders whether Dobbs' admiration extends to Toro's 2002 decision to move 15% of its workforce -- about 800 jobs -- to Juarez, Mexico. Indeed, CEO Kendrick Melrose might be interested to know that Toro appears on Dobbs' own list of companies that are "exporting America."
And Toro is not alone. Of the 14 companies Dobbs has highlighted for investors since starting his newsletter last year, eight appear on his CNN website as companies that outsource jobs.
Greenpoint Financial is another company that's received conflicting treatment from Dobbs. CEO Tom Johnson enjoyed the Dobbs interview treatment in June 2003. Dobbs promised readers, "I think you'll find Tom's comments and the way he runs his business thought-provoking and insightful."
Apparently one of the "thought-provoking and insightful" methods that Dobbs was referring to was not the 2002 decision by Greenpoint to export much of its mortgage and customer-service operations to Bangalore, India, a move that produced significant savings, but that cost 150 U.S. workers their jobs. Greenpoint Mortgage, a subsidiary of Greenpoint Financial, appears on Dobbs' list of outsourcers.
When Dobbs features a company in his newsletter, he tends to stand by them, no matter what information subsequently comes to light. In December 2003, Boeing CEO Phil Condit was forced to resign amidst an ethics scandal. Dobbs had interviewed Condit for the newsletter back in June, and wrote at the time: "Boeing ranks Number 35 on Fortune's list of most admired companies. I think Phil has a lot to do with that."
After Condit's resignation, Dobbs ran a "Special Boeing Update" in the December edition of the newsletter, in which he told subscribers: "In the face of adversity, the company is being up-front and honest abut its problems...Boeing has just proven that its priorities are in the right place."
But according to the Communications Workers of America (CWA), Boeing has sent 5000 U.S. jobs overseas in recent years. And Dobbs' assurances that Boeing's priorities are in the right place don't seem to square with his inclusion of the company on the "exporting America" list.
Similarly, in November 2003, Dobbs called Bank One chief Jamie Dimon "a conscientious CEO," who "runs a tight ship with solid corporate values."
Late last year, Bank One announced plans to merge with JP Morgan-Chase and Co., which has a reputation for shipping jobs overseas. In another special update, Dobbs reassured his readers that, "[Dimon's] ability to orchestrate this merger and have it viewed as a positive move by investors...is a testament to the fact that Jamie did it for all the right reasons. As a numbers guy, Jamie knows what works and what doesn't. And I'm confident he's going to do some remarkable work in the coming months."
Again, Dobbs neglected to tell readers that Bank One is on his "exporting America" list. According to a company spokesman, Bank One has outsourced two to three hundred jobs -- mostly in software development -- to India in the last few years.
The list goes on. In May 2003 Dobbs talked up Washington Mutual to investors. According to the CWA, the banking services giant has sent 30 jobs overseas. Washington Mutual appears on Dobbs' CNN list of outsourcers.
In August 2003, Dobbs promoted Office Depot, telling investors that, "[T]he company and CEO Bruce Nelson believe strongly in making Office Depot a 'compelling place to work, shop, and invest.'" Sure enough, Office Depot is on Dobb's list of companies that are "outsourcing America."
Dobbs even asks viewers to send him the names of companies that outsource. He then posts the list (scroll down) on his CNN website, under the heading, "These are U.S. companies either sending American jobs overseas, or choosing to employ cheap overseas labor, instead of American workers."
"The results of this issue are crucial to the kind of country we live in," Dobbs told the Atlanta Journal-Constitution in April.
But there comes a time when Dobbs takes off his anti-outsourcing hat. That's when he switches from financial journalist to investment advisor-for-hire, peddling a monthly newsletter containing his investment recommendations. Pony up $398 and you receive Dobbs' investment tips for two years. You'll recognize some of the companies that Dobbs recommends. That's because they're on his list of firms that are "exporting America" by shutting down U.S. operations and opening overseas facilities.
The Lou Dobbs Money Letter is published by Phillips International Inc., which is associated with Eagle Publishing, a leading publisher of conservative-themed books. In each issue, Dobbs singles out one favored company, in which he encourages subscribers to invest. He conducts an invariably softball interview with the firm's CEO, which allows both Dobbs and his guest to tout the company's prospects.
Unlike most investment advisors, Dobbs goes beyond talking up the earning potential of these companies. He typically goes out of his way to praise them as good corporate citizens. The newsletter keeps a running tally of the companies profiled, under the heading, "The following companies have been featured in the Lou Dobbs Money Letter as those 'doing good business with good people.'" The appeal is alluring: You're not just buying a smart investment choice, you're buying a piece of good citizenship.
Dobbs devoted a column in the March issue to touting the prospects of the Minnesota-based Toro Company, which makes outdoor landscaping-maintenance equipment. He told subscribers that Toro was a "long-term wealth-builder," and praised Toro's "formal code of ethics, something I think is sorely needed at more of America's companies," and its "...exemplary corporate governance structure, which aligns the interests of shareholders, employees, and customers." He concluded his interview with Toro CEO Kendrick Melrose by frankly telling him, "I like the way you treat your shareholders, employees, and customers."
One wonders whether Dobbs' admiration extends to Toro's 2002 decision to move 15% of its workforce -- about 800 jobs -- to Juarez, Mexico. Indeed, CEO Kendrick Melrose might be interested to know that Toro appears on Dobbs' own list of companies that are "exporting America."
And Toro is not alone. Of the 14 companies Dobbs has highlighted for investors since starting his newsletter last year, eight appear on his CNN website as companies that outsource jobs.
Greenpoint Financial is another company that's received conflicting treatment from Dobbs. CEO Tom Johnson enjoyed the Dobbs interview treatment in June 2003. Dobbs promised readers, "I think you'll find Tom's comments and the way he runs his business thought-provoking and insightful."
Apparently one of the "thought-provoking and insightful" methods that Dobbs was referring to was not the 2002 decision by Greenpoint to export much of its mortgage and customer-service operations to Bangalore, India, a move that produced significant savings, but that cost 150 U.S. workers their jobs. Greenpoint Mortgage, a subsidiary of Greenpoint Financial, appears on Dobbs' list of outsourcers.
When Dobbs features a company in his newsletter, he tends to stand by them, no matter what information subsequently comes to light. In December 2003, Boeing CEO Phil Condit was forced to resign amidst an ethics scandal. Dobbs had interviewed Condit for the newsletter back in June, and wrote at the time: "Boeing ranks Number 35 on Fortune's list of most admired companies. I think Phil has a lot to do with that."
After Condit's resignation, Dobbs ran a "Special Boeing Update" in the December edition of the newsletter, in which he told subscribers: "In the face of adversity, the company is being up-front and honest abut its problems...Boeing has just proven that its priorities are in the right place."
But according to the Communications Workers of America (CWA), Boeing has sent 5000 U.S. jobs overseas in recent years. And Dobbs' assurances that Boeing's priorities are in the right place don't seem to square with his inclusion of the company on the "exporting America" list.
Similarly, in November 2003, Dobbs called Bank One chief Jamie Dimon "a conscientious CEO," who "runs a tight ship with solid corporate values."
Late last year, Bank One announced plans to merge with JP Morgan-Chase and Co., which has a reputation for shipping jobs overseas. In another special update, Dobbs reassured his readers that, "[Dimon's] ability to orchestrate this merger and have it viewed as a positive move by investors...is a testament to the fact that Jamie did it for all the right reasons. As a numbers guy, Jamie knows what works and what doesn't. And I'm confident he's going to do some remarkable work in the coming months."
Again, Dobbs neglected to tell readers that Bank One is on his "exporting America" list. According to a company spokesman, Bank One has outsourced two to three hundred jobs -- mostly in software development -- to India in the last few years.
The list goes on. In May 2003 Dobbs talked up Washington Mutual to investors. According to the CWA, the banking services giant has sent 30 jobs overseas. Washington Mutual appears on Dobbs' CNN list of outsourcers.
In August 2003, Dobbs promoted Office Depot, telling investors that, "[T]he company and CEO Bruce Nelson believe strongly in making Office Depot a 'compelling place to work, shop, and invest.'" Sure enough, Office Depot is on Dobb's list of companies that are "outsourcing America."
2011 keira knightley recent
senthil1
05-16 06:55 PM
Permanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.
You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?
In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.
This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.
more...
qplearn
11-14 09:49 PM
If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
Sadly, people don't see through his tactics. His name was not on any ballot, and inspite of the Dem victory, he will continue to enjoy the prime slot on CNN. Of course, it was his news telecast that drove millions of Hispanics to the elections.
And yet, I don't think it is wise to ignore him. His news telecast was an inspirational force for numbersusa who were behind killing SKIL. He will continue on CNN, and will have some power.
yibornindia
08-05 12:02 PM
This person hiding behind the user id "Rolling_Flood" is an extreme selfish person. The whole idea of our community is to help each other and to provide support & guidance to each-other. Instead he is trying to stop others from getting this advantage, trying to make us believe that EB-2 is his birth-right. I am in EB-2, but I do not support this selfish fox, he will harm the IV community exploiting 'divide & rule' policy. :mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
I echo you, Very well said.
This guy "Rolling-flood" has not contributed anything positive like lobbying for removing country quota and recapturing of un-used visa numbers, instead he actually wants to cut the line by stopping others taking the same advantage that he is trying to take. If such rules are not there, no one needs to do pd recapturing or changing categories. I have my juniors with less educational qualification, from my neighboring countries who started the process and got GC in less than 16 months straight. isn't that injustice to me - did I have choice to select my country of birth?
BEWARE of this fellow. He may have wasted interests in making IV members fighting amongst themselves.:mad:
more...
chanduv23
05-17 07:13 AM
Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.
Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.
I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.
Open yourself up and come out of your narrow minded approach, you will see a different world.
One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.
Look at the bigger picture, my dear friend. The biggest thing in life that drives a man's opinion is not education or skill or awareness, it is purely perception. A good example is of the man who shot his wife as soon as she opened the door for him and all the while he was thinking that there is an intruder at home. This was his perception.
A public system always has issues and loopholes and a business is created basic on public systems like h1b or GC etc.... thats how public systems are. You are no special. Take example of American Idol. No matter how good you are, you can be voted out. You are exactly in a public system. In a pubilc system everyone goes through something that is called reality check and this will happen to anyone. If rich people think their kids must never gop through this and protect them, at some stage they have to come in terms with reality.
I am in full support of American friends who lost their jobs, and I think we must do everything we can to help them get a job. But when it comes to businesses, the logic is different. They will try to get the best deal. Everyone knows the system and its loopholes and will do best to get more competitive and get better.
Open yourself up and come out of your narrow minded approach, you will see a different world.
One thing I noticed in likes of you. You people are jelous of desi consulting companies because of their misuse of loopholes and making great money and driving ferraris. Well, if you have an option to do that, you must and if you can you must, so many American people mix hands with desi body shops on partnerships and involve in this business. While an abuse of visa may affect you, you must work hard to stop that abuse. Just to protect your self interest you are blaming them, is not right.
2010 Keira Knightley Photos
xyzgc
12-24 01:43 PM
Granted there are loose canons in every community, yet some evils are encouraged by doctrine in religion such as below:
http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html
.. and simply you are down in mud pool doesnt mean whole world is like you!
I think everyone should check this out.
http://www.youtube.com/watch?v=izUv-ywBeg4
This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.
And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!
Another eye-opener about Islamicn bad practices! Again from an Arab!
http://www.youtube.com/watch?v=-SP-YcsOSco
http://living.oneindia.in/kamasutra/spheres-of-life/religious-prostitution-partii.html
.. and simply you are down in mud pool doesnt mean whole world is like you!
I think everyone should check this out.
http://www.youtube.com/watch?v=izUv-ywBeg4
This is not western/Indian/Hindu propaganda! It comes from an Arabic woman.
And this is also applicable to educated women, not just ignorant, impoverished, illiterate masses because this lady says in Saudi Arabia women don't have the right to drive.
Sexual abuse of a child permitted by religion...I'm shocked beyond words, till date I thought it was all western and israeli propaganda!
Another eye-opener about Islamicn bad practices! Again from an Arab!
http://www.youtube.com/watch?v=-SP-YcsOSco
more...
boreal
09-27 12:31 PM
Obama might be the only person who is still sane and might want to end the war, save the country 10b per month. This might have its own positive effects as there would be more money to spend on economic development in the US, which in turn might mean slowly improving economy and better jobs. All of these might translate into optimism in the country and lesser opposition to EB immigrants in general. Agreed that Durbin might try to derail the EB process by the introduction of new skills based program and what not...but highly doubt that it would be applicable retro-actively and affect ppl already in the queue. And for new EB applicants, they would know what they are getting into, if such a points based system is introduced, and hell, might work for quite a few of the new EB applicants...
Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)
Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..
Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)
Mccain, on the other hand, seems to so over-confident and as arrogant as his predecessor that he he failed to mention, even once, that the war needs to end. (as evidenced by yday's debate at Ole Miss). He is still talking about 'strategies and tactics of war and differences between them' in the debate when the nation is reeling under the most severe economic crisis...the point is that this guy doesnt seem to be the person that will be of any help either to the country or the EB immigrants like us. He is nothing but an extension of the Bush Government and i hope that he doesnt become the President (not that he has great chances either)
Anyway, whoever becomes the President, as someone put it .."Its the Congress, stupid!!' The congress would still need to act on any legislation. And the way the things are working since 2005, election year or not, it seems to be a very uphill task to get anything passed, be it for illegal or legal immigrants. The anti-immigrants force seems to be so strong that it seems almost impossible for anything to be passed for any kind of immigration..so, i believe the status-quo would continue even after the new President takes over..
Well, that leaves us, poor EB immigrants, as usual at the mercy of USCIS...if we are lucky enough, we will still be emloyed when our visa number becomes available...(Remember that Seinfeld episode when the Seinfeld party finally gets the table at the Chinese Restaurant, but they are long gone..!!!)
hair Keira Knightley New Picteres
pappu
07-15 06:55 AM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
Answering some of the posts:
Decisions taken by an employer to file in EB3 or advice by the lawyer to file in EB3 instead of EB2 (even if you disagree with the lawyer) cannot be the basis for administration to change the rules. It is an 'employment based' system and employer files the petition for the employee. You cannot write in the letter to DOS that your employer filed for EB3 even though you qualify for EB2 and thus you are entitled for xyz. Administration can only work within the legal limits. They cannot create more visas. If you are going to ask for more visas, they will tell you it will be done via a bill so that the law is changed and EB3 gets more visas. And thus we have to go for bills like recapture, STEM exemption and country caps. We already ran the admin fix campaign precisely for that reason to get things that we can get without changing the law. Recapture was added after much thought even though we knew it is a long shot. If we want more visas, then it has to be done legislatively. If we plan to do something via administration, then our list of items must be thoroughly researched they must offer solutions within the current law. It should merely be a regulation that provides guidance on the current law. Each item in the admin fix campaign did that.
And please stop taking out your anger on IV or each other. Take it out on the system that has caused problems for all of us and help each other fix this system. IV is everyone and we need to work together to fix it.
more...
ThinkTwice
09-26 02:20 PM
The kind of delay in the GC process, the uncertainity involved and now added to this is the possibility of the Obama administration if elected making it difficult for EB GC applicants.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
We have already anticipated this and had applied for the UK Highly Skilled Migrant Program (HSMP). We will most likely move to UK soon.. as soon as the elections are over.. a matter of few weeks. Unfortunate that after staying in this country for 12 years, having graduated from one of the best schools and having worked and having been a part of this great nation this is where it may all end for us. Whats even worse is that our son who is a US citizen will grow up in some other nation.
Well.. time to move on.
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kaisersose
04-14 12:00 PM
No body can predict how much it is going down exactly. But you can predict it is going down considerably.
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.
It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.
And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.
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unitednations
03-25 11:58 AM
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
If you go back a few posts; I said that some people already have made up their minds and then they backtrack a way to justify their positions. USCIS has already made up their mind that they are now going to treat consulting companies as staffing agencies.
Within IRS definition of emplloyer; they have added "employee leasing" as a definition of employer. It fits perfectly into staffing (essentially if a person is going through a staffing agency for placement they are pretty much considered an employee of the staffing agency.
In common law the most critical function is who controls the work. In staffing arrangement it is the client who controls/supervises the work.
USCIS has made up their mind that they are going to use this case on every staffing company. If a company wants to go the internal job route then they are asking for mountains of infomation; including letters from companies who have puchased the product, marketing plan, technical specificiations; even if you supply all of this infomation; they still find a way to deny.
As I stated previously; companies/candidates will not challenge USCIS because time is on their side. If you want to challeng USCIS then you have to be clean on your side and follow all the laws perfectly which is pretty difficult for h-1b companis to do.
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sanju
04-08 07:17 AM
Good post, I would like to add that:
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
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engineer
01-04 01:18 PM
Agree..
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
All:
if we want to exchange usual blame game on both sides, we don't need to waste each other's time..we can read blames in respective newspapers which are available online.
/Secondly, this is a pretty good opportunity for Indians and Pakistanis who live in the USA to engage in a conversation about the relations between their countries. I don't think this thread is anything more than that. So, unless I start asking you to loan (http://immigrationvoice.org/forum/showthread.php?t=22830&page=14#) me a million dollars, 'trust' is a moot point./
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NKR
12-24 10:58 AM
but if a muslim rebels in lack of justice and equality�
Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�
In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.
Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.
According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.
The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.
Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.
So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.
Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.
A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.
Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.
Thought I will stay out of this debate, but I couldn�t especially when innocents are getting killed�
In India, Muslims have their own justice system according to their beliefs. Government sponsors Haj pilgrimage to poor muslims. We treat Taj Mahal as our symbol of love, fair enough.
Abdul Kalam was the president of India, he is widely respected and all his lectures go full house even now.
According to forbes, Wipro�s CEO Azim Premji was rated the richest person in the country from 1999 to 2005. He is the richest Muslim enterpreneur of the world. Many Hindus are working in Wipro and are proud of it.
The three Khans in Bollywood are adored in India, Amir Khan�s Lagaan was India�s official entry for Oscars and now his �Taare Zameen Par� is this year�s official entry. We all will be happy if it wins.
Azharuddin was the captain of Indian cricket team, though he was associated with match fixing and selling his country�s pride in cricket, he still roams scotfree.
So where is the lack of justice and equality?. All the above chose to use the system wisely and prospered. They did not chose to lag behind and then rebel against the system.
Now, If you think whoever is sponsoring terrorism are doing it in Islam�s favor, you are dead wrong, they are doing it so that they can lead a lavish life in their fortified mansions, they continue to sponsor terrorism, drug trafficking, money laundering and what not�all at the expense of poor brainwashed people who are mere cannon fodders.
A poor person from Pakistan comes all over to Mumbai to carry terrorist activities and I do no understand how you can say that he is rebelling against lack of justice and equality in India. For one there is no lack of equality as mentioned above, second, who gave them authorization even if you all think there was one. That is our internal problem for crying out loud.
Even after showing proof that the captured terrorist was from Pakistan, they are back to their old lying game telling that the person�s name is not in their official records. What next, will they give that person�s dad to India to carry out DNA test?.. hell no, they will ask for DNA sample from India and say it did not match. Seems like the trait of lying and misleading the world is in their DNA.
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gapala
12-19 04:01 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 .. )
Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.
Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.
Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.
How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.
Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.
The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)
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 .. )
Its amazing to see how you are trying to force your views based on limited understanding on others. One good thing about religion? Now, I am not sure what religion means to you. To me, its the way I was brought up and the way people live. Having said that, the very upbringing instills the care for Health, Hygiene, Homes, Human Values, Harmony in Diversity etc. Long story short, help you become a humble and good social being.
Do you kow that "Science is still evolving. That is why we still discover and learn new things may be not every day, but periodically" Lets look at the core aspect, scientists once believed that Earth is flat, People as late at the time columbus discovered america believed that this is true. Slaves were even planning to kill the Columbus. Luckly for him, next morning they site the land which they thought as India but turned out to be America.
Scientists also believed that ATOM is the smallest particle. It changed due to development and research and broken down into P N & Electrons. Now it evolved into Quartz. It may change in future due to advancements.
How do you say that science is perfect and that is the truth? Well truth never changes, you and I wrote in science exams about the smallest particles and got marks but, now that answers are no longer valid.
Religion is the way we live, that is why there are more religions now. People live and believe in certain way becomes new religion or cult. Way we live influences the way we think and what we learn and believe. But, you know what, Fundamental aspect is Faith... superior to belief. It takes faith to accept somethings that are unknown. This is the core aspect that leads to scientific research and development. Which results in Technological advancement and life science evolve.
The way we live help us develop that aspect..faith in unknown things which in turn leads to research and facilitate all that related to science mentioned above. You know what I am talking about. Do not trash religion.. again I do not know what it means to you. it could mean different things to different people... Being religious is not bad at all. As you said, Just like science, People may choose to live wrong way :)
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rockstart
07-14 02:07 PM
See if things spill horizontally or vertically Eb3(I) is still last in the chain. So many people have demonstrated it. All these days Eb3 (ROW) was gaining from spill over. Now CIS feels that Eb2 takes preference over Eb3 ( which for practical purpose is ROW and not India/ China) so that is why Eb2 is moving forward, else like eb3 eb2 India was also struck. What you are asking is complete re-working of spill over rules. That is not what CIS can do on its own. The rule was always clear Eb1 spill goes to Eb2 and then to Eb2 if some one needs to complain it should be Eb2 who did not get these numbers much earlier.
* When was it unclear?
* Why did it take so long for USCIS to see that the law was unclear?
* What caused USCIS to realize that the law was unclear?
* What caused them to change their interpretation?
* How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)
Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.
* When was it unclear?
* Why did it take so long for USCIS to see that the law was unclear?
* What caused USCIS to realize that the law was unclear?
* What caused them to change their interpretation?
* How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)
Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.
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krishnam70
03-26 08:17 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
So then lets take an example
1. Company Files H1b from NJ
2. Consultant gets a job in NY or OH or xyz state. Employer files 'amend location' each time. The work and keep on moving like that
3. Time comes up for renewal of H1, if the employer gives the current client's contract in a different location, it will definitely trigger USICS to possibly deny the extension? Since the original H1 petition did not mention this place or since they filed amend its ok?
4. When they file for amend, do they need to give a contract/client letter to justify the amend? If yes then will it trigger an RFE?
According to you anything is possible with USCIS these days.
My original request still stays. I want some advise, I will definitely use an attorney but wanted your opinion on it..
-cheers
kris
mhathi
09-26 10:01 AM
Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
Macaca
02-13 09:42 AM
Lobbying and Legislation: Enacting Better Laws (http://www.policylink.org/AdvocatingForChange/Lobbying/Legislators.html) (courtesy krishna.ahd)
After you lay the foundation for your legislative efforts and assess the political landscape, your goal is to convince legislators to accept your position. Some activities, such as proposing legislation or amendments, meeting with legislators and their staff, and testifying at hearings, occur inside the halls of the legislature; other actions, such as letter writing, public demonstrations, and working with the media, are initiated outside the legislature to build public pressure and urge legislators to come over to your side. Always coordinate your actions inside and outside of the legislature to make sure you are consistent and achieve maximum effect.
Write letters, send faxes and e-mails, and phone legislators. Letters are definitely worth the time. Legislators know that each letter they receive represents several additional constituents who feel the same way but have not taken the time to write. That�s why, in addition to writing your own letter, you should get your partners and allies to write letters as well.
Be clear and concise. Keep your letter to one page, at most two, and address only one issue per letter, if possible. Clearly identify the bill you are writing about and the position you are urging (vote yes or no). Make two or three of your strongest arguments for or against the proposed legislation. Remember: Legislators receive many letters on many different issues; your letter should be easy to read and understand if you want any chance of grabbing their attention.
Identify yourself and your constituency. Say something about who you are and whom you represent; you want the legislator to understand that you are someone she or he should listen to. Give an example of a personal story�preferably from the legislator�s district�that shows how the bill affects real people and that the problem is not just an isolated incident. Legislators hear about what�s good and bad policy all the time; real-life experiences grab their attention.
Avoid using form letters whenever possible. Avoid them altogether if you cannot deliver extraordinary volume. Personal individually signed letters are far more effective. When you are soliciting letters from partners and allies, provide a sample with a request that they use it as a guide to writing a letter in their own words.
While letters tend to be most effective, you can also fax, phone, and e-mail your legislators. Usually, you use e-mails, faxes and phone calls right before a bill is coming up for a vote to remind legislators of the importance of their vote to you. If you are planning to organize a fax, phone, or e-mail chain, in which your partners and allies ask their constituents and supporters to take action, be sure to provide the contact information for the appropriate representative because the most effective contacts are those that come from legislators� own constituents. For more on e-mail advocacy see the Internet Advocacy section.
Meet with legislators. Face-to-face contact with legislators is key to humanizing the problem, demonstrating a commitment to solving it, and developing relationships for the long haul.
Organize a small, diverse group of participants, perhaps three to five people. Make sure at least some of them reside in the legislator�s district.
Select your best spokespersons and message. Choose someone who will appeal to the legislators you are trying to persuade.
Decide ahead of time how you will conduct the meeting. Who will introduce the participants? Lead the meeting? Close the meeting? What materials will you take to leave with the legislator at the end of the meeting?
Get to know legislators� staff. Legislators often rely heavily on the advice of key staff members. It is important to establish a good relationship with these staff members, make sure they have adequate information about your legislation, and try to learn from them any concerns you may need to address to keep your legislation moving forward. The staff will be your main point of contact if a legislator is unavailable or inaccessible.
For more tips on meeting with legislators, such as scheduling, preparing for, conducting, and following up after the meeting, see Tips on Meeting with Your Elected Officials (http://archive.aclu.org/action/lobby.html), and �Six Practical Tips on How to Lobby Your Legislator or Elected Official (http://www.democracyctr.org/resources/lobbying.html)� in Lobbying�the Basics.
Testify at hearings. This is not one of those times when you can wing it! Always be prepared before you give testimony on pending legislation.
Get a rough vote count of how legislators are likely to vote before you attend the hearing and try to find out about outstanding issues and concerns. Having this information will help you choose the best witnesses, know what points you need to emphasize in your testimony, and consider amendments you may need to offer or agree to.
Choose witnesses who will be credible and effective. Put together a combination of people directly affected by the legislation, experts, and individuals and organizations that represent legislators� constituents.
Write out your testimony in advance so that it is clear, concise, and persuasive. Include personal stories whenever possible to show how the issue affects real people. Prepare a summary of your testimony for distribution at the hearing to legislators, the media, and other attendees. Anticipate questions legislators might ask and plan how to respond.
Pack the legislative chambers with supporters and call the media. Wear buttons, T-shirts, or other identifying items to show legislators and the media the strength and presence of your support in the hearing room.
Have legislators who support your cause ask your opponents tough questions and make supportive statements on your behalf. You could offer to draft a list of questions or key points that you would like them to cover. Discuss in advance amendments that may be offered and the bottom line for any compromises.
Staging public protests or other public events. Consider organizing an event that energizes and mobilizes large numbers of supporters and captures legislators��and media�attention.
Public protests can sometimes turn up the heat on lawmakers to vote your way or at least think twice about siding with the opposition.
Holding a Lobby Day is an opportunity to mobilize large numbers of people to meet with multiple legislators in one day to show your legislative power and gain media attention. The day usually begins with training in lobbying skills and a teach-in on your issues, followed perhaps by a rally and news interviews, a couple of hours of meetings with legislators, and an end-of-day debriefing session for supporters.
Ignite Public Scrutiny. Elected officials care about their public image. They want to be portrayed favorably in the news. Develop a media strategy around your legislation that includes news conferences, letters to the editor, writing opinion editorials, or other media strategies that will put your issue in the public eye, maintain public scrutiny throughout the legislative process, provide a vehicle for keeping pressure on elected officials, turn up the heat on those who are against you, and applaud those who stick with you. For more tips on developing a media strategy see the Media Advocacy section.
Be persistent. Lobbying campaigns rarely come to a definitive end.
If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.
If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.
After you lay the foundation for your legislative efforts and assess the political landscape, your goal is to convince legislators to accept your position. Some activities, such as proposing legislation or amendments, meeting with legislators and their staff, and testifying at hearings, occur inside the halls of the legislature; other actions, such as letter writing, public demonstrations, and working with the media, are initiated outside the legislature to build public pressure and urge legislators to come over to your side. Always coordinate your actions inside and outside of the legislature to make sure you are consistent and achieve maximum effect.
Write letters, send faxes and e-mails, and phone legislators. Letters are definitely worth the time. Legislators know that each letter they receive represents several additional constituents who feel the same way but have not taken the time to write. That�s why, in addition to writing your own letter, you should get your partners and allies to write letters as well.
Be clear and concise. Keep your letter to one page, at most two, and address only one issue per letter, if possible. Clearly identify the bill you are writing about and the position you are urging (vote yes or no). Make two or three of your strongest arguments for or against the proposed legislation. Remember: Legislators receive many letters on many different issues; your letter should be easy to read and understand if you want any chance of grabbing their attention.
Identify yourself and your constituency. Say something about who you are and whom you represent; you want the legislator to understand that you are someone she or he should listen to. Give an example of a personal story�preferably from the legislator�s district�that shows how the bill affects real people and that the problem is not just an isolated incident. Legislators hear about what�s good and bad policy all the time; real-life experiences grab their attention.
Avoid using form letters whenever possible. Avoid them altogether if you cannot deliver extraordinary volume. Personal individually signed letters are far more effective. When you are soliciting letters from partners and allies, provide a sample with a request that they use it as a guide to writing a letter in their own words.
While letters tend to be most effective, you can also fax, phone, and e-mail your legislators. Usually, you use e-mails, faxes and phone calls right before a bill is coming up for a vote to remind legislators of the importance of their vote to you. If you are planning to organize a fax, phone, or e-mail chain, in which your partners and allies ask their constituents and supporters to take action, be sure to provide the contact information for the appropriate representative because the most effective contacts are those that come from legislators� own constituents. For more on e-mail advocacy see the Internet Advocacy section.
Meet with legislators. Face-to-face contact with legislators is key to humanizing the problem, demonstrating a commitment to solving it, and developing relationships for the long haul.
Organize a small, diverse group of participants, perhaps three to five people. Make sure at least some of them reside in the legislator�s district.
Select your best spokespersons and message. Choose someone who will appeal to the legislators you are trying to persuade.
Decide ahead of time how you will conduct the meeting. Who will introduce the participants? Lead the meeting? Close the meeting? What materials will you take to leave with the legislator at the end of the meeting?
Get to know legislators� staff. Legislators often rely heavily on the advice of key staff members. It is important to establish a good relationship with these staff members, make sure they have adequate information about your legislation, and try to learn from them any concerns you may need to address to keep your legislation moving forward. The staff will be your main point of contact if a legislator is unavailable or inaccessible.
For more tips on meeting with legislators, such as scheduling, preparing for, conducting, and following up after the meeting, see Tips on Meeting with Your Elected Officials (http://archive.aclu.org/action/lobby.html), and �Six Practical Tips on How to Lobby Your Legislator or Elected Official (http://www.democracyctr.org/resources/lobbying.html)� in Lobbying�the Basics.
Testify at hearings. This is not one of those times when you can wing it! Always be prepared before you give testimony on pending legislation.
Get a rough vote count of how legislators are likely to vote before you attend the hearing and try to find out about outstanding issues and concerns. Having this information will help you choose the best witnesses, know what points you need to emphasize in your testimony, and consider amendments you may need to offer or agree to.
Choose witnesses who will be credible and effective. Put together a combination of people directly affected by the legislation, experts, and individuals and organizations that represent legislators� constituents.
Write out your testimony in advance so that it is clear, concise, and persuasive. Include personal stories whenever possible to show how the issue affects real people. Prepare a summary of your testimony for distribution at the hearing to legislators, the media, and other attendees. Anticipate questions legislators might ask and plan how to respond.
Pack the legislative chambers with supporters and call the media. Wear buttons, T-shirts, or other identifying items to show legislators and the media the strength and presence of your support in the hearing room.
Have legislators who support your cause ask your opponents tough questions and make supportive statements on your behalf. You could offer to draft a list of questions or key points that you would like them to cover. Discuss in advance amendments that may be offered and the bottom line for any compromises.
Staging public protests or other public events. Consider organizing an event that energizes and mobilizes large numbers of supporters and captures legislators��and media�attention.
Public protests can sometimes turn up the heat on lawmakers to vote your way or at least think twice about siding with the opposition.
Holding a Lobby Day is an opportunity to mobilize large numbers of people to meet with multiple legislators in one day to show your legislative power and gain media attention. The day usually begins with training in lobbying skills and a teach-in on your issues, followed perhaps by a rally and news interviews, a couple of hours of meetings with legislators, and an end-of-day debriefing session for supporters.
Ignite Public Scrutiny. Elected officials care about their public image. They want to be portrayed favorably in the news. Develop a media strategy around your legislation that includes news conferences, letters to the editor, writing opinion editorials, or other media strategies that will put your issue in the public eye, maintain public scrutiny throughout the legislative process, provide a vehicle for keeping pressure on elected officials, turn up the heat on those who are against you, and applaud those who stick with you. For more tips on developing a media strategy see the Media Advocacy section.
Be persistent. Lobbying campaigns rarely come to a definitive end.
If your proposed legislation is defeated, there is frequently another opportunity to reintroduce it. Don�t be discouraged. Often it takes several tries to pass a measure, especially one that seeks to bring about an important change.
If you win, do not get complacent. Monitor implementation and make sure your legislation is fully funded. Look out for opposition attempts to undo or diminish your victory by trying to repeal your legislation, filing litigation to overturn it, or seeking regulations to significantly weaken its implementation.
