bikram_das_in
01-19 02:37 PM
The story of memorandums is like this. If present law does not have provisions for certain things, then the government departments can publish a memorandum to give some kind of legal basis for their actions. Publishing a memorandum itself is enough to conclude that current law does have provision as such.
Usually these kind of memorandums are made against people who are vulnerable and do not have avenues/options to challenge. There were several memorandums made against undocumented workers not long time back. None of them stand the judicial scrutiny when challenged. Example, there was court ruling in many states that police cannot ask people about their immigration status.
The intentions of this memorandum is clear not to give any more H1Bs to small consulting companies.
I do not understand why some people in the forum have so much anger against the small consulting companies? This is just playing into the hands of anti's . Consulting through multiple layers is perfectly legal and a successful business model. No company wants to hire a person for 6 months project. It's been the goal of anti's to make small consulting companies look bad and they have been successful because of us. If this business model is bad, why not make laws to stop this type of business practice? If you ban that type of business, there will be no need for small firms hiring H1Bs.
This memorandum is just a blatant attempt to marginalize already oppressed and unrepresented H1B community. This need to be challenged not only because it's wrong but also because it's part of a systematic plan to marginalize legal EB immigrants.
Usually these kind of memorandums are made against people who are vulnerable and do not have avenues/options to challenge. There were several memorandums made against undocumented workers not long time back. None of them stand the judicial scrutiny when challenged. Example, there was court ruling in many states that police cannot ask people about their immigration status.
The intentions of this memorandum is clear not to give any more H1Bs to small consulting companies.
I do not understand why some people in the forum have so much anger against the small consulting companies? This is just playing into the hands of anti's . Consulting through multiple layers is perfectly legal and a successful business model. No company wants to hire a person for 6 months project. It's been the goal of anti's to make small consulting companies look bad and they have been successful because of us. If this business model is bad, why not make laws to stop this type of business practice? If you ban that type of business, there will be no need for small firms hiring H1Bs.
This memorandum is just a blatant attempt to marginalize already oppressed and unrepresented H1B community. This need to be challenged not only because it's wrong but also because it's part of a systematic plan to marginalize legal EB immigrants.
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misanthrope
10-02 11:33 PM
Again, I would like to reiterate that I DO NOT consider an EB-3 candidate inferior just because he/she belongs to a catergory with a lower priority.
But, if you agreed to file in that category then you probably made a compromise and it is not wrong. Everyone is a victim of circumstances at one point or the other in their lives.
But, if you agreed to file in that category then you probably made a compromise and it is not wrong. Everyone is a victim of circumstances at one point or the other in their lives.
amits
03-10 06:16 PM
It may be pending i140 from India data.
I just checked USCIS Processing Times Information pages.
- I140's are processed only at Nebraska and Texas; Not in Vermont and California.
- Vermont and California process EB based 485 applications. (So if the data is for 485 then there should have been columns for Vermont, California service center.)
- The table provided in the letter says "Pending EB applications from India".. in my communications with my attorney, the term "EB (visa) Application" was mostly referred to filing of i140 in EB category.
I just checked USCIS Processing Times Information pages.
- I140's are processed only at Nebraska and Texas; Not in Vermont and California.
- Vermont and California process EB based 485 applications. (So if the data is for 485 then there should have been columns for Vermont, California service center.)
- The table provided in the letter says "Pending EB applications from India".. in my communications with my attorney, the term "EB (visa) Application" was mostly referred to filing of i140 in EB category.
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whatamidoinghere
02-11 03:47 PM
Read the term "Not to exceed 28.6 percent plus"That plus means EB3 total can exceed 28.6%..
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
It says "not required by other classes". In this case it is required but could not be applied to EB2 due to per country numerical limits. Therefore it should go to unused pool of visas followed by AC21. Also why will USCIS prefer EB3 instead of EB2 people? It does not make sense.
As far as suing the govt is concerned we all know what happened to doctors in the UK.. so this is will be a futile exercise.
No.... USCIS is not dumb...They have interpreted the law in the way they think is appropriate....They are applying the over all 7% country cap to China/India EB2 and sending the overflow to EB3 ROW..... It is not fair but it is not exactly illegal...The law is open to interpretation and USCIS has chose to select this interpretation......You can take a crack at suing the USCIS.....I doubt that you would get anywhere......The EB2 India/China might benefit from the lawsuit....But as you know not all members would agree on IV spending resources on this lawsuit because this serves only a small section of member population.... At a personal level you can gather a few EB2 China India guys and have a crack at suing USCIS....
It says "not required by other classes". In this case it is required but could not be applied to EB2 due to per country numerical limits. Therefore it should go to unused pool of visas followed by AC21. Also why will USCIS prefer EB3 instead of EB2 people? It does not make sense.
As far as suing the govt is concerned we all know what happened to doctors in the UK.. so this is will be a futile exercise.
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gc28262
04-26 01:29 AM
Lets move on and focus on this main topic...
Here are my observations.. Correct me if I am wrong..
1. L1 option for IT is essentially killed
2. Small IT companies will limit the headcount to 50 per company. It doesn't cost much to have more than one company. So no major changes to H1B Desi companies.
3. Most of the big American companies will not offer new H1B with 180 days, since most of them would have had layoffs.
4. Most IT companies will start spending a lot on lawyers. So they will be rich. There will be lot of audits.
5. Companies will complete PERM and I140 before getting a guy onsite, only if people are really interested in coming to USA any longer.
6. Need more clarity on where H1B outsourcing will be stopped...
Good recap. This bill is not about liberating employees. This bill is to kill H1Bs and L1s irrespective of whether the company is a consulting company or a direct employer.
Net result ? more outsourcing. Big outsourcing firms have enough experienced employees on their payroll to do outsourcing effectively.
If this bill passes, it will be a shameful day for USA.
Here are my observations.. Correct me if I am wrong..
1. L1 option for IT is essentially killed
2. Small IT companies will limit the headcount to 50 per company. It doesn't cost much to have more than one company. So no major changes to H1B Desi companies.
3. Most of the big American companies will not offer new H1B with 180 days, since most of them would have had layoffs.
4. Most IT companies will start spending a lot on lawyers. So they will be rich. There will be lot of audits.
5. Companies will complete PERM and I140 before getting a guy onsite, only if people are really interested in coming to USA any longer.
6. Need more clarity on where H1B outsourcing will be stopped...
Good recap. This bill is not about liberating employees. This bill is to kill H1Bs and L1s irrespective of whether the company is a consulting company or a direct employer.
Net result ? more outsourcing. Big outsourcing firms have enough experienced employees on their payroll to do outsourcing effectively.
If this bill passes, it will be a shameful day for USA.
wandmaker
06-09 08:03 AM
Come on Guys/Gals - we can do better.
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srikondoji
10-10 07:30 PM
Long term USA bonds are toast. You can short them instead of buying.
Why should China/Taiwan/Arab get out of Gold? There are no strong indicators for doing that for now.
I cannot stop but laugh at your insistence that USA is global economic engine. More than half of the population is in deep debt and their population is ageing fast. Students can't borrow money now on easy terms to dund their education. THere is virtually no appetite for more debt to fire the economic engine at all.
Physical gold and silver is best to possess.
Equity is down 20% to 30% in developing world and 50 to 70% down in emerging world over 7 trading days, but gold/silver/platinum is just hanging on there, so get out of commodities which would not help you at all, best option is stay in long term USA bonds for security or buy south east Asia bonds which would be right choice for long term
70% of precious metals are owned by banks and government which do not have liquidity to buy, even current price supportd is provided by China/Taiwan/Arab sovereign funds. those govts might get out of gold any time then price will drop to 2005 range.
Do not under estimate USA which is global economic engine,It will recover and this is not new to this country, they have done it and they may do it again at some point in future
Take it easy by diversifying your portfolio....
Best option stay in cash until 2010 with FDIC security....
Why should China/Taiwan/Arab get out of Gold? There are no strong indicators for doing that for now.
I cannot stop but laugh at your insistence that USA is global economic engine. More than half of the population is in deep debt and their population is ageing fast. Students can't borrow money now on easy terms to dund their education. THere is virtually no appetite for more debt to fire the economic engine at all.
Physical gold and silver is best to possess.
Equity is down 20% to 30% in developing world and 50 to 70% down in emerging world over 7 trading days, but gold/silver/platinum is just hanging on there, so get out of commodities which would not help you at all, best option is stay in long term USA bonds for security or buy south east Asia bonds which would be right choice for long term
70% of precious metals are owned by banks and government which do not have liquidity to buy, even current price supportd is provided by China/Taiwan/Arab sovereign funds. those govts might get out of gold any time then price will drop to 2005 range.
Do not under estimate USA which is global economic engine,It will recover and this is not new to this country, they have done it and they may do it again at some point in future
Take it easy by diversifying your portfolio....
Best option stay in cash until 2010 with FDIC security....
2010 Abdominal aortic aneurysm
gctest
10-04 03:47 PM
i have a fan following...yay
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
and i will keep writing "lower case i" coz it bothers you so much :D:D:D
Guess what the latest news is :D:D:D
gctest is a perfect jackass, think he is also a complete fraud.
If you look at his posts, initially he said despite holding a doctorate and being around since 1996, he is EB2. So far so good.
Then he says his dependents got approved on his EB2, while his case is rotting (????:D)
The story changes dramatically after you point out if he is the real cream of the crop, he should have been easily qualified for EB1.
The latest, breaking news is that he's from a top-notch research univ and has approved 140 in EB1 but still he's gonna fight for what's fair and against what's unfair (:D:D:D:D:D)
Everything is made up, because the story changes all the time, when you attack him. I think the truth of the matter is he's EB2 and he's lying about EB1.
His case never ever qualified for EB1 (publishing some academic trash doesn't qualify you for anything, see my earlier post on this thread regarding this), so he's completely sore and has lost his mind.
more...
vidhya_srini
01-05 05:06 AM
After long wait i received passport today jan 4th.. My interview was on dec 20th..
good luck to the rest!
good luck to the rest!
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WeShallOvercome
07-12 02:50 PM
The thing is I am sure most people here will not have a problem with paying the new higher fees. Infact it might turn out to be cheaper in the long run, cause as I understand it the new fee structure has the EAD and AP fees built in for a one time payment instead of yearly renewals. Like I said this is my understanding.
If this is the case we will be better off with new fees, cause even if they do decide to accept the 485's there is no way the approvals are coming anytime in the near future. I am sure if they do accept the 485's the dates will retrogress to the stone ages. So we can avail free renewals of EAD's and AP's till then.
But when i think about this again, If they do decide to go charge the new fees for all applications in July then wouldn't it put them in a worse situation, as it would become all too obvious that all this flip - flop was just so that could earn more money.
-ADZ
One correction here: The PDs that a visa bulletin shows do not depend on how many are applying, it depends on how many pending applications are ready to be approved. The PD is set as the date of the first applicant that could not be approved due to non-availability of visa numbers. Technically, the PDs should no go back beyond the cutoff dates they had before the recent jump in June. It might be affected after a few months/years when all the BEC filers will be ready to be approved.
If this is the case we will be better off with new fees, cause even if they do decide to accept the 485's there is no way the approvals are coming anytime in the near future. I am sure if they do accept the 485's the dates will retrogress to the stone ages. So we can avail free renewals of EAD's and AP's till then.
But when i think about this again, If they do decide to go charge the new fees for all applications in July then wouldn't it put them in a worse situation, as it would become all too obvious that all this flip - flop was just so that could earn more money.
-ADZ
One correction here: The PDs that a visa bulletin shows do not depend on how many are applying, it depends on how many pending applications are ready to be approved. The PD is set as the date of the first applicant that could not be approved due to non-availability of visa numbers. Technically, the PDs should no go back beyond the cutoff dates they had before the recent jump in June. It might be affected after a few months/years when all the BEC filers will be ready to be approved.
more...
amitga
01-29 10:05 PM
People cannot pay $20 in immigration voice, but they are willing to pay $10K for sub labor.
Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.
Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.
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dbcd
05-24 01:51 AM
I agree with you. That is how the system works...
DBCD
if you all use little more IQ, you will realize that only with donation/money you will make a difference.
We all are here to make someone rich(employers, local businesses). So if you can make polititians rich, they will do something for you!
So stop calling... start donating to IV...
Let me know if my thought is wrong!
DBCD
if you all use little more IQ, you will realize that only with donation/money you will make a difference.
We all are here to make someone rich(employers, local businesses). So if you can make polititians rich, they will do something for you!
So stop calling... start donating to IV...
Let me know if my thought is wrong!
more...
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immi_twinges
07-17 01:41 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
With the increased fees...Are they ready to promise us they will decreasing the processing times... and not waste visa numbers...
:mad:
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sidbee
05-14 10:46 AM
sidbee,
I am afraid you are being naive here. What the OP is saying is
(1) We should all go back to our home land, because he has some opinions and positions on what is considered turning back to home land. You might not see it but he is trying to shape opinion of others very intelligently. Who says this? Some one who does not want competition here. Well, if this was coming from some one who is in India I will give him props. He is in US for 10 years and he is saying US GC system sucks and I will go to canada in 2 years. Damn it! I am better than him because I will go to India and not canada. I will stop short of saying that every one should go back to India or his/her homeland.
(2) We all have no right to talk because this is not our country. or We are not in our country and we should not talk. Who says this? Again folks who dont want people here.
(3) Even if I give him the benefit of doubt on other issues, he thinks country caps are OK. Any one who argues for country caps in EB GC with out asking for a country caps in F1/H1B which server as conduit to H1B actually wants the disadvantage to lot of people to his advantage.
Just dont read the words as it is. try to infer some thing. These days trolls have got too much brains.
Mr President :-)
I agree with you on some aspects , I just didn't like the way ganguteli got flared up.
I believe , nitin has the right to voice his opinion (many people would agree with him, many would disagree). But there is no need to fight like illiterate people. If someone doesn't agree , he should say i don't agree, and this is what i believe in.
I like US very much , i am here for around 5 years , and i believe the GC system really sucks (don't you ?)But i have some commitments in India , and if i don't get a GC in 1-2 years i will go back. All my college batch mates in India are managers now , and i am still a developer. I cant take a better job , because i don't have a GC, and with EB3 India, by the time i will get a GC, i would be about to retire :-)
So everyone would have a different perspective, and different opinions.
I am afraid you are being naive here. What the OP is saying is
(1) We should all go back to our home land, because he has some opinions and positions on what is considered turning back to home land. You might not see it but he is trying to shape opinion of others very intelligently. Who says this? Some one who does not want competition here. Well, if this was coming from some one who is in India I will give him props. He is in US for 10 years and he is saying US GC system sucks and I will go to canada in 2 years. Damn it! I am better than him because I will go to India and not canada. I will stop short of saying that every one should go back to India or his/her homeland.
(2) We all have no right to talk because this is not our country. or We are not in our country and we should not talk. Who says this? Again folks who dont want people here.
(3) Even if I give him the benefit of doubt on other issues, he thinks country caps are OK. Any one who argues for country caps in EB GC with out asking for a country caps in F1/H1B which server as conduit to H1B actually wants the disadvantage to lot of people to his advantage.
Just dont read the words as it is. try to infer some thing. These days trolls have got too much brains.
Mr President :-)
I agree with you on some aspects , I just didn't like the way ganguteli got flared up.
I believe , nitin has the right to voice his opinion (many people would agree with him, many would disagree). But there is no need to fight like illiterate people. If someone doesn't agree , he should say i don't agree, and this is what i believe in.
I like US very much , i am here for around 5 years , and i believe the GC system really sucks (don't you ?)But i have some commitments in India , and if i don't get a GC in 1-2 years i will go back. All my college batch mates in India are managers now , and i am still a developer. I cant take a better job , because i don't have a GC, and with EB3 India, by the time i will get a GC, i would be about to retire :-)
So everyone would have a different perspective, and different opinions.
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rockstart
08-24 10:51 AM
Thank you for the reply. When you say that if I go with Company A that there will be more scrutiny, do you mean they will check the vailidity of the offer and their ability to pay? I work for a Govt. Agency(Company C), they will give me an EVL but I am not sure if they will specify "in accordance with I140". I am actually doing the same job, same place, before as a contractor(Company A) and now as an Employee(Company C).
This is what you could do. Take the updated EVL letter from your HR/ Supervisor. Attach latest paystubs as additional proof. Now for duties if the EVL does not contain this info then attach a copy of job posting advertisement that was issued when you were hired. Every govt job needs to be advertised. It can be in papers or their own website. Then get the lawyer to draft the AC21 letter and to point out the similarities between this job and your labor.
This is what you could do. Take the updated EVL letter from your HR/ Supervisor. Attach latest paystubs as additional proof. Now for duties if the EVL does not contain this info then attach a copy of job posting advertisement that was issued when you were hired. Every govt job needs to be advertised. It can be in papers or their own website. Then get the lawyer to draft the AC21 letter and to point out the similarities between this job and your labor.
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pam002
07-15 07:27 PM
I signed. Its shame on these guys airing shows on CNN and running for presidentship without knowing much info about H1B as USA has been issuing H1Bs for several years.
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zoooom
07-15 11:44 PM
Done
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nixstor
11-12 02:13 PM
Was just watching Late Edition on CNN..with Arlen Specter and Chuck Schumer.. Specter did mention that he expects the CIR to be passed in the next few weeks in the lame duck session by the house.. infact he mentioned that the conservative outgoing speaker Hastert in favour of this at this time..so house might pass this now..with the senate already passed this..
Lets see who this goes ..
which day's late edition? any transcript links?
Lets see who this goes ..
which day's late edition? any transcript links?
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mysticpine
06-11 01:50 PM
"your personal assets are at stake"
move assets to company that you can control ?
move assets to company that you can control ?
Maverick1
11-09 04:17 PM
H1-B has the following advantages under certain conditions.
1) If you are not yet married, you dump H1 and you are dumping the ability to bring your future wife to US immediately after marriage.
2) Some states give driving licenses that is valid until the EAD expiry or H1-B I-94 expiry. With H1-B, your hassle of DL renewal is reduced to one third of EAD based.
Correct. It is a valid concern for unmarried :)
DMV in different states treats immigrants differently. No uniform policy. Interestingly I was discussing this with a friend of mine and he took his EAD/AP to the DMV and was expecting to get the DL valid for the period of EAD, but the officer insisted he get the I485 receipt and gave the validity like every body else because he is in AOS(I guess 5 years). That was a pleasant surprise for him.
1) If you are not yet married, you dump H1 and you are dumping the ability to bring your future wife to US immediately after marriage.
2) Some states give driving licenses that is valid until the EAD expiry or H1-B I-94 expiry. With H1-B, your hassle of DL renewal is reduced to one third of EAD based.
Correct. It is a valid concern for unmarried :)
DMV in different states treats immigrants differently. No uniform policy. Interestingly I was discussing this with a friend of mine and he took his EAD/AP to the DMV and was expecting to get the DL valid for the period of EAD, but the officer insisted he get the I485 receipt and gave the validity like every body else because he is in AOS(I guess 5 years). That was a pleasant surprise for him.
anilsal
11-15 02:12 PM
Why do people spread the false propaganda that H1Bs do not pay taxes? This is utter nonsense.
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