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  • Macaca
    01-28 04:53 PM
    USCIS was trying to abolish this substitution. The lawyer lobby opposed it.


    How do lawyers benefit from it? Thanks.





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  • thomachan72
    01-13 01:46 PM
    Long 19 page memo - but loud and clear for many scenarios -
    http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

    This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).

    Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.

    This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.

    Wish the best for all affected folks.
    Pray and hope the GC dream is realized faster for all.

    Best Wishes

    Please explain why these (see above) will be more difficult if you have read it. What precautions / strategy our members can take etc.





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  • IV2007
    07-03 12:50 PM
    I don't have any documents/reciepts related to I-140.

    Recently my company attorney told my I-140 is approved. However he is not ready to provide any further details.

    In such a scenario, can I do AC21 (assuming the risks) ? If so what documentation would I need to provide to my joining company/attorney/USCIS ?





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  • msp1976
    02-13 02:50 PM
    I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.

    It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.


    Refer to this text.....

    http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-I-1152.html#_a_

    TITLE 8, CHAPTER 12, SUBCHAPTER II, Part I, Sec. 1152.

    Look at paragraph a(5)

    (5) Rules for employment-based immigrants

    (A) Employment-based immigrants not subject to per country
    limitation if additional visas available
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 1153(b) of this title for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
    (B) Limiting fall across for certain countries subject to
    subsection (e) of this section
    In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under section 1153(b) of this title exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 1153(b) of this title consistent with subsection (e) of this section (determined without regard to this paragraph), in applying subsection (e) of this section all visas shall be deemed to have been required for the classes of aliens specified in section 1153(b) of this title.


    This is the section that allows for the 7% cap to be violated in case additional visas are available.................

    This is the one many anti immigrant people tried to get removed again and again......


    USCIS did not do anything wrong in 2005 nor in 2006.....By allocating additional visas to India/China USCIS did not do anything wrong...You can sue them ....USCIS has good grounds to defend their position.....You would not get anywhere...



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  • vdlrao
    07-21 07:59 PM
    If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!


    The unused Employment Based visas will be added to the following year's Family Based visas.





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  • snathan
    03-30 02:08 PM
    May I know who is that redard gave me red...?



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  • vivid_bharti
    09-03 03:15 PM
    It really does not matter if you are a doctor or a compounder... Running a state or a country is a different thing altogether, you need different skills and this man had that. He was a self made man risen from the soil. But on the bad side he was the king of the corrupts. Most of the Indian politicians are Illiterate. This guy is a medical doctor by profession.
    Loved by poor people. Hated by the fundamentalists and Naxals. Most of the AP politicians are corrupt including former PM P.V. N RAO.





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  • trueguy
    10-06 06:41 PM
    We should follow up on this. US Economy really can take advantage of our buying power. If they give us GC, people will start buying and stop sending their savings to off-shore. Also, buying each house comes with at least 50K other expenses (remodelling, furniture etc) and that will also help the economy.

    IV should follow up on this topic with Lawmaker and see if they can understand the logic here.



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  • bobzibub
    04-04 11:51 PM
    I'm a computer guy. I just hear what is in the news. = )


    hello bobzibub,

    great to see someone welcoming immigrants. My wife is a dentist, licensed in one state of the USA. However she does not have a US DDS. She was licensed by the state as she has great experience and she passed all the tests needed. She has been very well practising dentistry for almost 2.5-3 years now in the US. However, Canada does not let internationally trained dentists get licensed without going to Canadian/American dental school. If you know of any place in CA which would license my wife as she has more than 7 years of exp (4+in India, alomst 3 in USA) and had passed all exams (Board, licensing etc etc), please let me know. That is the single most imp reason for me to still hang im here.





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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.



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  • Marphad
    06-16 04:33 PM
    Nice well thought out arguments. This is the essence of a healthy debate.

    Guys,

    I don't understand why we are doing this debate. Dilip (citizen's representative - dilipcr) feels that living standard is going down coz of H1 & L1 people and not because of 2 wars we are fighting. He needs help. You can do it by not answering him.

    PLEASE STOP!





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  • eagerr2i
    08-30 01:43 PM
    You are right on the mark. Need to be physically present 2 years of the next 5 years for your immigration status to be alive in Canada,



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  • reddymjm
    09-23 01:04 PM
    Thanks for sending.

    send me a PM with addresses that bounced. I will update the list.

    I sent you a PM with the list of email ids.





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  • gc28262
    01-16 01:51 PM
    victimOfGc,

    The point you are forgetting is you are writing in a public forum. It is not just IV members that are reading this forum. Anti-immigrant racists are closely watching this forum. They will take all the negative things you said about YOUR company, stereotype all companies and slap a memo or bill on you. That is exactly what has happened now.

    By your emotional outburst you are not fighting this non-sense memo or unruly POE officers who is obviously acting beyond their authority, you are providing fodder to ant-immigrants to screw us further.

    Don't ever think that these lawmakers are here to provide justice to H1B guys. They are trying to kick us out. They are working in tandem with many anti-immigrant organisations to screw us.

    Please do one of the following google searches to understand more

    1. H1B + sanders
    2. H1B + grassley
    3. H1B + durbin

    Let wisdom prevail.



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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....





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  • Jerrome
    05-11 04:55 PM
    Correct! And it is not even a "Civil War". It is really a war ti erradicate terrorism from Sri Lankan soil. The term Civil War refers to a war between people in a country. The SL government is not waging a war against it's Tamil citizens but against a terrorist group.

    Whoever is supporting the SL govt. Do you deny these facts. From 1948 various SL govts been using different approaches and policies to discriminate Tamils in SL,Now it is in the name of fight against Terrorism.

    Ever since independence in 1948, government policies have systematically violated the social, economic and cultural rights of Tamils: through the disenfranchisement of the Indian Tamils, through state sponsored colonization of the North-East by Sinhalese settlers, frequently accompanied by forceful eviction of Tamils, through a discriminatory language, education and recruitment policy which pursued but one aim: the Sinhalization of the state. Today, more than 90 % of civil servants, and 99 % of the security forces are Sinhalese. The politics of �positive discrimination� of the Sinhalese appears presently to be transformed into one of long-term exclusion of the Tamils because of proven incapacity. For what reasoning other than to eliminate the formerly superior Tamil competitiveness once and for all, while prolonging, even cementing Sinhala domination well into the next generation, can be adduced to explain the surplus of 14 000 Sinhala as against a shortage of 10 000 Tamil medium teachers, the lack of the most elementary school equipment (over 120 000 desks and chairs in the Vanni alone); a teacher pupil ratio of 70 to 1 in Tamil areas as against 22 to 1 for the rest of the country? The results of this outright violation of rights manifest themselves: in the competitive examinations for the Sri Lanka Accountant and the Administrative Service at most two Tamils were selected each year since the early 1990s!



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  • vparam
    01-23 05:16 PM
    http://news.mainetoday.com/updates/008785.html



    Our message to Narendra "Nick" Mandalapa : Enjoy prison. Maybe on the inside, you can sell contraband items just like on the outside you sold approved labor certs.

    --------------------------------------

    Like someone said on the news article thread, the only difference between this guy and other desi companies (Desi means "of Indian origin") is that this guy got caught, while hundreds of other companies still sell approved labor certs with earlier priority dates.

    And all this illegal trade is much to the delight of AILA, who is pushing hard to keep labor substitution alive.

    What's in it for AILA? : Additional business of labor substitution. Now, for a few extra pennies, AILA would not hesitate to screw thousands of GC applicants waiting in line and enable the "Cutting in line" that happens due to labor substitution.

    So if you think AILA is a friend of immigrants (legal or illegal), think again. Its a friend of $$$. And there is nothing wrong with that. Everyone pursues self-interest. That is what AILA is doing. But dont misunderstand AILA as a champion of immigrants (legal or illegal). It represents immigration lawyers, not immigrants. On a rare occassion, the interests overlap, and that's good. But on many issues, AILA has a history of being very very employer friendly as far as immigration law is concerned, even if it comes at the cost of employees(immigrants).
    Logiclife -
    I would not say substitution of labor is totally wrong. I left my previous company after having waited for a labor over 2 years and helped find a suitable candidate, who also had the same level of education and experiance and was an exact replacement for me (Sr.Program Manager -designation). My (old) company which is fortune 100 company was not ware of this substitution business till i told them they should use it when they spent money filing it for me and i am not using it. while consulting companies also use it when the original person left and they have someone else to fill in that role..

    The concept becomes wrong when it sold and not really used for a replacement and i think those guys have to be identified like Narendra Mandalapa and punished.





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  • kumar1
    07-10 10:34 PM
    I forgot to mention something - If you have worked here for 7-8 years, do not go home till you complete 10 years and accumulate 40 points in Social Security System. Once you have 40 points accumulated, you are entitled to get your money after the age of 65. I have spent 7 years and I have 28 points in the system. May be that's why H1-B was only given 6 years, you pay Social Security, Medicare and get nothing but a thank you from both the systems. I will make sure that I get 40 points and then only I will make a move. And yes, whether you are Indian/Pakistani/Polish.......does not matter, you accumulate 40 points, you will get the benifit. If you do not believe me, go to http://www.ssa.gov/immigration/

    Guys, let me know if you feel otherwise.





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  • ghouse1742
    04-01 04:11 AM
    You don't want to give any credit to 'Modi' than by your logic, Chandrababu Naidu shouldn't be give credit of 'Andhra' turnaround, Vajpayee shouldn't be given credit for Infrastructure turnaround...In India Politics & Politicians are so important, until they are pro-work, nothing works. UPA govt's attitude was sit & watch for Orders from 10 Janpath, so all of us know how they performed..

    One might ignore land-scams of Naidu and support him. One might ignore fodder scams of lalu and support him. One might ignore the bribery cases on tape of vajpayee's office and support him. Because they have positive changes to their credit. But how does one convince oneself to support the so called human standing on dead bodies waving a flag of development.

    Dude we are considered the cream of the crop who think clearly. How can we hand over the reigns of future of our sons and the well being of our daughters in India to a person who supported the rape and murder to young girls and destroyed livelihoods of thousands.

    Imagine our christian friends trying to convince the jewish friends that they support Hitler because he is development pushing leader who is also church going, non smoking and that they do not support the side which actually supports rape, incarceration and murder of thousands who scrap out their living in the country. There is nothing like supporting half a person. You either support all his deeds or you dont. We or our kids will bear what we sow today.

    That is it for me in this thread. Best of luck to us Indians. Jai hind !!!





    sangmami
    06-28 06:22 PM
    Hi,
    I just talked to my lawyer and he said that anything is possible(midmonth/early week retrogression)..Lets hope for the best and prepare fr the worst.If u can ,just target to file ur application asap.Ifwe are in the state of denial and try to console ourselves saying that nothing will happen and if something happens who is at loss.So be happy that u have some clue and file as early as possible.For things that u have cntrol on try to speed up.GOD bless us all.
    thanks





    alisa
    02-13 08:28 PM
    I don't think there is much I disagree with you. You are right about most things. Especiallly, that it is not an exact science. A lot depends upon how many applicants there are, and how many numbers are increased, and how much the country limits are increased by.

    I also don't think that the country limits will go away totally. They will probably just increase them. But you never know. Espeically, because at some point, they will go to the point system, and then who knows whats going to happen to us.

    Also, its not that I am concerned about what is GOOD JUST FOR ME. (BTW, its not just me, its about a third of IV) I am more worried about what is bad for me.


    Again, there are no guarantees which of the 3 will get passed or accepted. 1 & 2 benefit you more than 3. Will be combined effect of those be more than enough to offset 3 (which I doubt will ever happen since that will require a change in law) is up to anyone's imagination.

    Will you stop supporting IV which is trying to improve ALL legal immigrants prospects of getting a green card because one item on their agenda MAY DO more harm to you than good is your prerogative.

    However, IMHO saying that 3 hurts you and hence you will not support IV is the same as those people who in July were crying because everyone was getting to file 485s and hence would lengthen the GC processing queue. I was in fact not benefiting too much from that but I supported it since having been in the queue for long enough I know how painful it is.

    Like lot of other people on this forum said, try to rise above what is GOOD FOR ME and I will only support IV if it does ONLY that. Someday there might be a law that affects you more than the majority and you will need the all legal immigrants voice to help you out.



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