logiclife
06-28 08:14 PM
Read this memo:
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.
And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.
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gc28262
01-24 05:16 PM
If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
gchandu
09-16 04:43 PM
Hi
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
I am on H1B and have my visa valid till Sep 30 2008, my wife and son also has H4 visas till Sep 30 2008.
I applied for my H1 & H4 extensions, received the receipt notices from NSC and our case are pending.
Now We are travelling to India on 7th Aug 2008 and return on 11th Sep 2008 about 19 days prior to our initial H1 / H4 visa stamps.
Should I need to do an amendment to my pending H1/H4 if they get approved while I was in India? If the extention cases wont approve even after I come back to US , do I still need an amendment when it gets approved.
Please suggest a best possible way
Thanks
Gangadhar
Hi
Please advise me. I came back to US on 11th Sep 2008 on my valid H1 visa and got new I-94 valid till Oct 10 2008. But my H1 extention got approved on 10th Sep 2006 a day before i arrived here in USA. Now my attorney is saying that I am required to do an amendment.
Is this an easy process ? How much will it cost
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chi_shark
06-11 12:49 AM
ratturani, i am seeing an increasing number of posts that state the facts as clearly as you have stated... thats great... now i think somewhere some day, someone will float a good idea of motivating employers such as MS, Intel, BAC etc to fight for us instead of trying to motivate only the congress... see, we dont have too much of power in congress... :-(
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
more...
chanduv23
07-04 11:28 AM
While it is totally understandable that everyone get angry when rubbed in the wrong way - we must all remember that we are immigrants in this country and the country is currently driven by perception about job loses, terror plots, security threats etc..
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
In discussion forums or free speech forums, be very very careful - it is easy to trigger anger and get into heated discussions.
Please tone down the rhetoric and also tell your friends also.
abhijitp
02-12 07:32 PM
We are all expecting that the VB will go back to June 2007 figure...it looks like that RoW has been so fast in getting the latest PD back which could come in a very few months time.
I was not expecting this to come too soon but in June 2008.
We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?
I was not expecting this to come too soon but in June 2008.
We are???? I am not expecting a C against all categories ever again! If anything can move the dates significantly, it is things like recapturing of unused visa numbers. Oh BTW, did you send your letter?
more...
desi3933
06-15 12:40 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
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raydon
08-16 09:36 PM
How is debating about this detention going to do anything for immigration? And things could get worse for immigrants on the health care front if they lose their jobs, if this article is to be believed (the venom against immigrants in the comments section is just too much)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
30,000 immigrants to soon lose state health insurance - The Boston Globe (http://www.boston.com/news/local/massachusetts/articles/2009/08/15/30000_immigrants_to_soon_lose_state_health_insuran ce/)
more...
coolngood4u80
01-14 11:37 AM
If you don't believe what IV does, why are you wasting your time here....I see that you are totally jobless....
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reachinus
07-31 01:09 PM
Think you are too busy to answer my question. Anyway thanks for your time and reply atleat for 1 time.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
Hello Atty, Hope you can reply to my question as well. Please let me know if I should contact the CBP and tell them about this or just ignore.
Thanks for your time in advance.
more...
soljabhai
12-14 04:39 PM
Following text is from IV's about page
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.
In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"
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vdlrao
07-29 12:15 AM
However, these students are not completely exempted from the H1B quota for each year. Whatever, if PERM filing in year 2008 has witnessed 46% drop since 2007 ... it tells us a lot.
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
I presume the decrease in labour filing in 2008 might be a possibility due to the offshore Indian companies which shifting to H1B sponsorship instead of L1 sponsorship. Because most of the L1s being rejected with these companies recently. So they switching to H1 sponsorship. And obviously they normally dont sponsor GC. So this is just my thinking on why the labor filings decreased in 2008 compared to 2007.
http://www.myvisajobs.com/reports/Sponsor/Top500_h1b_visa_sponsor_2005.pdf
more...
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soulat
10-03 11:24 AM
Hello,
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
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snathan
01-14 10:59 AM
I understand. But it's true. I have many friends and these body shoppers don't pay for their medical insurance and all of my friends have a tough time - even Kforce etc doesn't pay if you're a contractor directly hired by them. Infosys, TCS pays and provides all kinds of benefits for people on H1, I don't know what ppl are against companies that have good business practice.
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
Deloitte, Accenture, IBM brings ppl from other countries on L1 - why balme Infosys, TCS.
Check what they are paying. I know a company which charges $110-$130 ph to the client and payes around $30K for the employee in L1. Is it good business practice...? Not only desi consulting cos...these a$$ also the reason we are in this mess today. Just imagine when the antis comes to know that 30K pa salary....
more...
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samay
08-03 07:21 PM
Hi Samay,
We would really appreciate if you could provide your inputs on our case.
My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.
Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.
We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.
She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.
Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?
She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.
Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.
After she changed to full-time, she has all the required docuemntation for H1B stamping.
We would like to know the severities of these concerns and suggestions to overcome the same.
I have a few questions:
Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.
We would really appreciate if you could provide your inputs on our case.
My wife came to usa on H4, and transferred to H1 in 2006 to work for a desi consultancy.
Recently she took a full-time position with a fortune 500 company. Her H1 transferred to new company without any problem.
We would like to appear for her first time H1b stamping at Vancouver during next month. We have some concerns regarding the following issues. Any inputs are highly appreciated.
She graduated in India and worked for an IT company in India for 2.5 years before coming to USA. Can she appear for visa interview in canada, though she does not have degree from USA.
Her H1 started on Oct 1st,2006. But she did not find a job until Mid November during the first year. Her employer is not willing to put the start date on work experience letter as Oct 1st, rather on both offer letter and work experience letter the start date has been mentioned as Mid Nov. Will this discrepancy in H1b start date and offer letter start date would be a problem during stamping?
She has some intermittent large gap in work experience due to the pregnancy. Thus, she has significantly smaller wages (50% less)on w-2 compared to offer letter during second year. But the work experience from previous letter does not state any gaps in work experience. Will the VO would ask for any additional details regarding the wage difference.
Also, there is a gap of 15 days between the last date on previous employers work experiene and new job start date, and the same can be found from the letters from different employers.
After she changed to full-time, she has all the required docuemntation for H1B stamping.
We would like to know the severities of these concerns and suggestions to overcome the same.
I have a few questions:
Was she working part time during her pregnancy if so was an amended H1 B application filed for her. Also were the wages she was paid less than what were mention on her LCA.
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vjkypally
09-23 05:41 PM
Like I said earlier March is the real bottleneck for year 2005. More than 3000 applications.October bulletin has already moved to Jan22'2005. From other tracking sites there are not too many Feb'2005 applications. But we have plenty of March 2005 applicants. Once it crosses March it will zoom ahead to end of 2005.
But it could be September 2010 by the time it comes to March,2005.
But it could be September 2010 by the time it comes to March,2005.
more...
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h1techSlave
01-19 01:37 PM
You have made a good point. When you think about it, the lawyers are the only winners in the immigration mess.
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
I just heard from attorney there are lot of debate going on in AILA and they are trying to stop this memo from being implemented...they are the one going to lose more business then the body shops....
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yogi13229
07-08 03:10 PM
I have filled my Green card in Eb3 category. I am planning to now file it in Eb2 Category, but want to retain my Eb3 Priority date (which is 2005) . Please let me know:
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
1) How does it affect my current Green card process in case of Rejection of New ( Eb2) or Query on it( RFE).
2) If a different employer files my green card in EB2 category, at what stage will I have to join this new employer. I am planning to let my new (future) employer file GC in Eb2 while I continue working for my old employee. I will then join the new employer after getting the green card. Is this possible? I want this EB2 case to have the same priority date as EB3.
3) I Have Already filled 485 in Eb3 category , Do I have to file I485 in Eb2 Again or my Previous Eb3 485 Transfered to this New Eb2 Category
4) If I have to file New I485 in Eb2 in that case what happened to My Eb3 485
Thanks
yogi
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vdesi
01-05 02:09 PM
This is a good idea but it won't help the housing crisis or the economy. It may not be viewed as fair to change the quota simply for those with money to pay a "fee." However, buying a home can put a floor under the housing prices and support the economy.
Premium processing is the word, taught by USCIS.
Premium processing is the word, taught by USCIS.
bazuka6
06-13 09:12 PM
Don't think of it as punishment. The US wants to allow a certain number of people to immigrate each year. The demand far outstrips the supply. That's where the problem is.
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
There are two ways to address this:
Increase the supply
Decrease the demand
Those are the only two ways. One option would be to go for a points based system that awards the limited visas to those with the best qualifications or where the need is greatest. After all the US is in a "buyer's market" and can pick and choose those immigrants that add most to the country.
The other option (which is at present politically infeasible) is to increase the annual immigrant quotas. Tough to support this in a recession with 10% unemployment.
I'm not sure you can characterize this as unfair... ultimately it is left to the US to determine how many people they want immigrating.
so what are the ones that fall below on points supposed to do ? pack and leave after 10 plus years of being here ?
Bpositive
05-17 05:51 PM
Best of luck...sri lankan sinhalese and sri lankan tamils...I hope you can accept each other's perspectives and move away from extreme positions.sri lanka is such a beautiful country. i hope i can visit again and explore the northern areas..here's wishing peace with dignity (not subjugation) for all.
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