abracadabra102
07-14 08:47 PM
Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..
:)
So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.
How does this imply that "DOL advised some of us to file under EB3?"
wallpaper Bill and China#39;s Critique
StuckInTheMuck
08-08 05:26 PM
Judy was having trouble with her computer. So she called Tony, the computer guy, over to her desk. Tony clicked a couple buttons and solved the problem. As he was walking away, Judy called after him, "So, what was wrong?"
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
And he replied, "It was an ID Ten T Error."
A puzzled expression ran riot over Judy's face. "An ID Ten T Error? What's that ... in case I need to fix it again?"
He gave her a grin... "Haven't you ever heard of an ID Ten T Error before?"
"No," replied Judy.
"Write it down," he said, "and I think you'll figure it out."
(She wrote...) I D 1 0 T
funny
10-01 05:17 PM
I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.
It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....
It is not clear what will happen to the existing applications, I don't think it would be simple to throw all the pending EB based GC applications out of the window and have everybody fall in line again in the new point based system....
2011 China Chow ArcLight Cinemas
number30
03-24 03:39 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Moment you bring such things into the forum discussions will stop and goes somewhere else.
more...
samrat_bhargava_vihari
02-02 04:59 PM
Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.
???? How do you know that L-1 visa holders will not pay tax ?
???? How do you know that L-1 visa holders will not pay tax ?
nk2006
09-30 03:38 PM
Beacuse somehow USCIS is not looking into AC21 documentation also most of the time you don't even know that your AC21 letter has been places in your file or not, on the other hand when an employer send out the revocation request it seems to reached USCIS and they deny the 485 with out calculating that its been 180 days since 485 is pending and also suppose a company filed 100 485 caes in July 2007 out of those 20 has changed the Job using Ac21, now the company is filing for 20 news GCs and in the I140 stage recievs rfe for Ability to Pay, the company will have to prove the A2Pay for 120 people as oppose to only 100 ( 80 old + 20 new) , so the lawyers must be suggesting to tell USCIS that the 20 people are not on our list and we should not be asked to prove Ability to PAY for these and hence the revocation and a 485 deniel. The only issue here is that USCIS acts quickly on I140 revocation cases becuase it reduces on case from the workload and they don't bother to calculate when was 180 days done for the poor guy.
does this make sense, I will like to know what other people think about it.
I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.
does this make sense, I will like to know what other people think about it.
I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.
more...
unitednations
08-02 06:36 PM
Guys
A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.
Re-file 140 or file an appeal on the 140.
Filing the appeal; you will be able to extend the h-1b.
A simple question here ... I know that if an I 140 gets rejected 485 results in automatic denial as well as denial of all associated benifits. Is there any use with the labor? Can it be used to file for 140 again or can it be used to extend the H1B after 6 years.
Re-file 140 or file an appeal on the 140.
Filing the appeal; you will be able to extend the h-1b.
2010 Steve Coogan: He#39;s back and
GCNaseeb
08-02 04:00 PM
Welcome back and Thanks very much for your valuable suggestions.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
more...
Macaca
05-27 05:20 PM
U.S. Probes Infosys Over Visas (http://online.wsj.com/article/SB10001424052702304520804576343070058872708.html) By MIRIAM JORDAN | Wall Street Journal
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
U.S. authorities are investigating whether an Indian software giant repeatedly violated American visa laws in order to place its own foreign employees in temporary jobs at some big corporate clients in the U.S.
The probe is examining whether Infosys Technologies Ltd. used inexpensive, easy-to-obtain visas meant to cover short-term business visits to the U.S.�instead of the appropriate, but harder to get, work visas�to bring in an unknown number of its employees for longer-term stays, according to people familiar with the matter.
These so-called B-1 business visas are intended for foreign nationals who come to the U.S. for purposes such as attending business conventions, consulting with business associates or installing machinery.
A State Department spokeswoman said the department is investigating Bangalore-based Infosys but declined further comment.
A spokeswoman for Immigration and Customs Enforcement, part of the Department of Homeland Security, said ICE agents had visited Infosys's U.S. offices. However, she said that "as a matter of policy, the agency can neither confirm nor deny the existence of an ongoing investigation."
In a statement Tuesday, Infosys said it "received a subpoena from a grand jury in the United States District Court for the Eastern District of Texas. The subpoena requires us to provide information to the grand jury regarding our sponsorships for, and uses of, B-1 business visas."
In a filing Tuesday with the U.S. Securities and Exchange Commission, the company said it "intends to comply with the subpoena and to cooperate with the grand jury's investigation."
Infosys is best known as an outsourcing company that provides India-based computing and other technology services to Western clients. But it also boasts thousands of U.S.-based employees who develop and install software for back-office accounting, logistics and supply-chain management for companies in the retail, finance and manufacturing industries. Infosys doesn't disclose the identity of its clients.
The visa investigation comes amid a national debate in the U.S. over whether foreign workers, particularly in the software sector, are displacing qualified Americans because they are cheaper to employ.
The investigation has spurred the government to say it intends to tighten visa regulations to close loopholes that critics say enable employers to abuse the immigration system.
The probe was sparked by a lawsuit filed in Alabama state court earlier this year by an Infosys employee named Jack "Jay" Palmer Jr., alleging that Infosys misused the B-1 visa program. The lawsuit, which was recently moved to federal court, alleges that Infosys should have used a different visa program, known as H-1B, under which high-skilled professionals, such as software developers, are allowed into the U.S. for longer-term work.
The U.S. issues just 65,000 H-1B visas a year, and demand sometimes exceeds supply. H-1Bs take several months to get and can cost upward of $3,000 per individual. The is no cap on B-1 visas, which can be obtained in a matter of days for $140 each.
In a court filing, Infosys, which acknowledges using B-1 visas, denied the lawsuit's allegations that it had abused them.
In an interview, Paul Gottsegen, Infosys's chief marketing officer, said he couldn't comment on a matter before the court, but he added: "We are currently in the midst of a detailed internal review to understand whether we need to change or tighten controls with the visa-application process. We are moving as quickly as possible on this important work."
After learning of Mr. Palmer's lawsuit, Sen. :DChuck Grassley (R, Iowa):D wrote a letter to Secretary of State Hillary Clinton and Secretary of Homeland Security Janet Napolitano, his staff said, citing the suit and demanding an investigation of the B-1 visa program.
"I'm concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order get around the requirements and U.S. worker protections�.," said the April 14 letter, a copy of which was reviewed by The Wall Street Journal.
Visa fraud can carry penalties of 10 years in prison, in addition to fines. Companies found to violate the terms of a visa program such as H-1B can be temporarily suspended from participating in the program.
For the fiscal year ended March 31, Infosys had revenue of $6 billion, about two-thirds of which came from North America. To service its U.S. clients, Infosys has become one of the top users of the H-1B visa program, employing about 10,000 H-1B holders in the U.S., according to its annual report. Other large users of the visas include Microsoft Corp. and Indian tech titans Wipro Ltd. and Tata Consultancy Services Ltd.
H-1B visa holders can remain in the U.S. for as long as three years and are paid locally; their employers withhold federal and state income tax. B-1 visa holders are paid by the employer from their home country.
In his lawsuit, Mr. Palmer, a principal consultant at Infosys, alleges that Infosys was affected by the limited number of H-1Bs in 2009 and began using B-1s to circumvent H-1B requirements.
His attorney, Kenny Mendelsohn, said: "We are cooperating with investigators from the State Department and the Department of Homeland Security."
In March 2010, Mr. Palmer attended meetings in Bangalore, where Infosys officials discussed the need to find "ways to creatively get around the H-1B limitations and process to work the system to increase profits and the value of Infosys' stock," according to the lawsuit. Infosys denies the allegation.
Later, according to Mr. Palmer's complaint, he was asked to prepare letters in support of B-1 applications stating "the employee was coming to the United States for meetings, rather than to work at a job."
After he refused to write such letters, Mr. Palmer was instructed "to keep quiet" by a manager sent from India who confirmed the violations, according to the suit�a claim Infosys denies.
Mr. Palmer reported his concerns to Infosys' corporate counsel, Jeff Friedel, who told him to report them to the company's whistle-blower team, which he did in October 2010, according to the lawsuit. Mr. Friedel didn't reply to a request for comment.
Mr. Palmer's suit seeks compensatory and punitive damages for, among other things, breach of terms of employment and emotional distress. Mr. Palmer remains employed by Infosys, but he is not currently doing any work, according to his attorney.
In recent years, Congress has introduced anti-fraud, training and other fees that have significantly raised the price of securing an H-1B visa.
"As Congress has made the H-1B visa category more expensive and more difficult to obtain, companies have searched for alternatives. The B-1 is one such alternative," said Stephen Yale-Loehr, an immigration-law professor at Cornell University.
"Because the B-1 is nebulous, some companies may be going beyond its intention," he added.
According to State Department regulations, a B-1 visa holder cannot engage in "local employment or labor for hire."
U.S. Moves from Rhetoric to Action on Visas (http://blogs.wsj.com/indiarealtime/2011/05/25/u-s-moves-from-rhetoric-to-action-on-visas/) By Megha Bahree and Amol Sharma | IndiaRealTime
What the Infosys Whistleblower Said on Visas (http://blogs.wsj.com/indiarealtime/2011/05/26/what-the-infosys-whistleblower-said-on-visas/) By Amol Sharma | IndiaRealTime
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axp817
03-26 05:20 PM
What eventually happened to the case.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
The baltimore case I mentioned happened in 2005 which was certified by AAO.
UN,
Thanks for sharing your thoughts on this. As always, your time is highly appreciated.
So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).
And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.
more...
anilsal
11-11 11:53 PM
Totally right. Whenever anybody mentions immigration anywhere (be it in your neighborhood, streets, bus/train stations or your companies), just find out what the person understands about the immigration issue. The person will surely talk about illegal imm/amnesty.
That is when you educate the person about legal immigration.
There will be people like Lou, Joe Scarxxx etc who will muddle up our whole existence by associating our immigration with the ones from the southern borders.
We have no comments on illegal immigration/amnesty.
That is when you educate the person about legal immigration.
There will be people like Lou, Joe Scarxxx etc who will muddle up our whole existence by associating our immigration with the ones from the southern borders.
We have no comments on illegal immigration/amnesty.
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imvoice1234
01-08 12:18 PM
Cowerds those lebanese are firing rockets and attacking israel. When 2 countries are fighting. Lebonon is firing rockets. Cowerds!
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.
Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?
This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.
Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.
How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.
When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.
more...
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number30
03-26 06:14 PM
Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.
That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally
That what our attorney's office said. One guy moved from Houston TX to Austin TX . Earlier we use to get LCA and keep it in file. when we asked the attorney last year he told us do H1 amendment. In doing this amendments filing etc company is losing the business. Now they are planning come out of H1 Business totally
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number30
03-26 06:09 PM
What ended up happening? Did he refile?
Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?
No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.
Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?
No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.
more...
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amitjoey
08-05 02:27 PM
How about this story:
One Mr. Sunny Surya, and one Mr. XYZ. both landed in the USA in 1998. Mr. Sunny Surya goes to school, works hard and gets his masters in 2000. works for a good reputed company gathers experience and then in 2003 files for labor. PD 2003. Since he does not have experience in the USA (His present experience with the sponsoring company is not counted). He would have to change his job to be considered for EB2. So files in EB3. Mean time MR. XYZ has changed multiple jobs and is suddenly eligible for EB2 and files in JAN 2004. He is current and about to get his GC. Mr. Sunny Surya is contemplating changing his job and he is definately going to qualify for EB2. Mr XYZ tells Mr. Sunny - NO!. You cannot get in the EB2 with older PD. Get a 2008 PD.
One Mr. Sunny Surya, and one Mr. XYZ. both landed in the USA in 1998. Mr. Sunny Surya goes to school, works hard and gets his masters in 2000. works for a good reputed company gathers experience and then in 2003 files for labor. PD 2003. Since he does not have experience in the USA (His present experience with the sponsoring company is not counted). He would have to change his job to be considered for EB2. So files in EB3. Mean time MR. XYZ has changed multiple jobs and is suddenly eligible for EB2 and files in JAN 2004. He is current and about to get his GC. Mr. Sunny Surya is contemplating changing his job and he is definately going to qualify for EB2. Mr XYZ tells Mr. Sunny - NO!. You cannot get in the EB2 with older PD. Get a 2008 PD.
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amitga
04-07 05:06 PM
What kind of employee/employer will be eligible for H1 if this bill gets passed? or there will not be a single person who will be able to get H1 under this law.
more...
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delax
07-13 07:56 PM
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
I dont agree at all!!!!!!!
How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.
Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.
The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!
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SunnySurya
08-05 03:10 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.
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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."
nogc_noproblem
08-05 12:51 PM
A blonde was mowing her lawn when she accidentally cut off the tail of her cat...
which was hiding in the grass. She rushed her, along with the tail to the local Walmart.
Why Walmart???
Walmart is the largest retailer in the world!
which was hiding in the grass. She rushed her, along with the tail to the local Walmart.
Why Walmart???
Walmart is the largest retailer in the world!
pthoko
07-11 10:48 AM
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
Yes H1B is NOT Stamped yet.
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