unitednations
03-26 03:24 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
wallpaper Both of laptop features have
gapala
06-23 01:52 PM
Here is one calculation that might give you one more reason to buy...
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
texcan
08-05 04:09 PM
ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....
Don't worry too much about GC...it would ruin your life if you think a lot about it.
We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.
So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.
just my thoughts :)
good stuff,
thanks
Don't worry too much about GC...it would ruin your life if you think a lot about it.
We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.
So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.
just my thoughts :)
good stuff,
thanks
2011 Wallpaper for Laptop
unitednations
08-02 02:34 PM
United Nations,
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
Obvious questions is; why take the risk.
A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.
However; i am sure uscis would have smartened up now...
I can't give you a definitive answer with whether they would reject the case or not.
Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.
In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.
I do not have words to express how knowledgeable I find you in immigration related questions,You are very good.
Please answer on simple question for me....
What will be consequences if we file 485 without employer letter.Is EVL a part of initial evidence.
Obvious questions is; why take the risk.
A few years ago when people had gotten laid off; they would take the 140 approval notice and file without job letter. USCIS was taking 2 years to approve 485's. When they would send an RFE they would ask for job offer letter and person would invoke ac21 and get away with it.
However; i am sure uscis would have smartened up now...
I can't give you a definitive answer with whether they would reject the case or not.
Whatever you do; do not fake the letter. I know someone two years ago who filed the 485 with a job letter that his manager friend gave to him; even though he was laid off.
In rfe; uscis stated that company revoked 140 before he even filed 485 and asked for the discrepancy. Do not do anything that would jeopardize your future immigration status.
more...
unitednations
07-09 04:41 PM
Ah!! I see.....I do have the same i94 number on both the I-94s
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
desi is correct...
Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.
However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.
This is where the problem occurs:
H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.
Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.
Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.
Bottom line: your last action generally overrules your stay.
srikondoji
09-26 02:48 PM
I have spent 10 years in the hope that i will able to get a GC soon and settle down. I eagerly waited for a change in the EB category of the Immigration system. This change didn't happen in the Clinton administration nor in the Bush administration. I also don't see this happening in the next administration that is going to take over this country soon.
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
After spending 10 years in United States, i have started working on my plans to move back to India.
Every administration past or present has lumped skilled immigrants in the same category as immigrants who enter united states illegally.
Due to their sheer number, almost all initiatives to fix the immigration system has been to safeguard the borders, punish the employers who hire people without proper paper work etc. Skilled immigrants figure no where in their policy statements.
Despite working hard during the last years CIR bill, to make officials realize the distinction betweek illegal and skilled immigrants, we have to face the failure.
Even though i am hoping to see Obama succeed in this Presidential race and bring the change he promised to America, i am making my plans to move back to India as an alternative.
--sri
more...
Sunx_2004
07-11 12:23 PM
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
Thanks
2010 Vaio Laptop Wallpaper
ItIsNotFunny
01-06 01:19 PM
If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.
more...
Macaca
05-16 05:52 PM
China�s recent obstreperousness may yet backfire, frightening the United States and its Asian partners into doing more to balance against its growing power. For now, however, the alarming news is that China�s strategy seems to be working much better than America�s. Washington has made basically no progress in pushing China toward democracy, nor has it succeeded in persuading Beijing to abandon ambitions�like controlling the entire South China Sea�that threaten the interests of America�s allies. For its part, China�s Communist Party remains firmly in command. Meanwhile, as China�s economy and military have matured, it has begun to mount a serious challenge to America�s position in Asia.
Beijing has now become the most important trading partner for the advanced industrial nations of Northeast Asia and Australia, as well the comparatively poor countries on its frontiers. It is a leading investor in infrastructure development and resource extraction across the region. These thickening commercial ties have already begun to complicate calculations of national interest in various capitals.
China�s rapid economic growth has also enabled a substantial expansion in military spending. And Beijing�s buildup has begun to yield impressive results. As of the early 1990s, the Pacific was, in essence, a U.S. lake. Today, the balance of military power is much less clearly in America�s favor, and, in certain respects, it has started to tilt toward China. While its arsenal remains comparatively small, Beijing�s ongoing deployment of intercontinental ballistic missiles will give it a more secure second-strike nuclear capability. Washington�s threat to use nuclear weapons, if necessary, to counter Chinese aggression against its allies is therefore dwindling toward the vanishing point. As happened during the cold war, once the Soviets achieved a form of nuclear parity, the burden of deterrence will fall increasingly on the conventional forces of the United States and its allies. And, here, the trends are, if anything, more worrisome. Since the mid-1990s, China has been investing heavily in so-called �anti-access� capabilities to deter or defeat American efforts to project power into East Asia. People�s Liberation Army (PLA) strategists appear to believe that, with enough highly accurate, conventionally armed ballistic and cruise missiles, they could, in the event of a confrontation, deny U.S. forces the use of their regional air and naval bases and either sink or push back the aircraft carriers that are the other principal platform for America�s long-range power projection.
If the PLA also develops a large and capable submarine force, and the ability to disable enemy satellites and computer networks, its generals may someday be able to convince themselves that, should push come to shove, they can knock the United States out of a war in the Western Pacific. Such scenarios may seem far-fetched, and in the normal course of events they would be. But a visibly deteriorating balance of military power could weaken deterrence and increase the risk of conflict. If Washington seems to be losing the ability to militarily uphold its alliance commitments, those Asian nations that now look to the United States as the ultimate guarantor of their security will have no choice but to reassess their current alignments. None of them want to live in a region dominated by China, but neither do they want to risk opposing it and then being left alone to face its wrath.
When he first took office, Barack Obama seemed determined to adjust the proportions of the dual strategy he had inherited. Initially, he emphasized engagement and softpedaled efforts to check Chinese power. But at just the moment that American policymakers were reaching out to further engage China, their Chinese counterparts were moving in the opposite direction. In the past 18 months, the president and his advisers have responded, appropriately, by reversing course. Instead of playing up engagement, they have been placing increasing emphasis on balancing China�s regional power. For example, the president�s November 2010 swing through Asia was notable for the fact that it included stops in New Delhi, Seoul, Tokyo, and Jakarta, but not Beijing.
This is all to the good, but it is not enough. The United States cannot and should not give up on engagement. However, our leaders need to abandon the diplomatic �happy talk� that has for too long distorted public discussion of U.S.-China relations. Washington must be more candid in acknowledging the limits of what engagement has achieved and more forthright in explaining the challenge a fast-rising but still authoritarian China poses to our interests and those of our allies. The steps that need to be taken in response�developing and deploying the kinds of military capabilities necessary to counter China�s anti-access strategy; working more closely with friends and allies, even in the face of objections from Beijing�will all come with steep costs, in terms of dollars and diplomatic capital. At a moment when the United States is fighting two-and-a-half wars, and trying to dig its way out from under a massive pile of debt, the resources and resolve necessary to deal with a seemingly distant danger are going to be hard to come by. This makes it all the more important that our leaders explain clearly that we are facing a difficult long-term geopolitical struggle with China, one that cannot be ignored or wished away.
To be sure, China�s continuing rise is not inevitable. Unfavorable demographic trends and the costs of environmental degradation are likely to depress the country�s growth curve in the years ahead. And this is to say nothing of the possible disruptive effects of inflation, bursting real-estate bubbles, and a shaky financial system. So it is certainly possible that the challenge posed by China will fizzle on its own.
But if you look at the history of relations between rising and dominant powers, and where they have led, what you find is not reassuring. In one important instance, the United States and Great Britain at the turn of the twentieth century, the nascent rivalry between the two countries was resolved peacefully. But in other cases�Germany and Britain in the run-up to World War I, Japan and the United States in the 1930s, and the United States and the Soviet Union after World War II�rivalry led to arms races and wars, either hot or cold. What saved the United States and Britain from such a clash was in part the similarity of their political systems. What made conflict likely in the latter scenarios were sharp differences in ideology. And so, unless China undergoes a fundamental transformation in the character of its regime, there is good reason to worry about where its rivalry with the United States will lead.
Aaron L. Friedberg is a professor at Princeton University and the author of the forthcoming book A Contest for Supremacy: China, America, and the Struggle for Mastery in Asia
Dr. K�s Rx for China (http://www.newsweek.com/2011/05/15/dr-k-s-rx-for-china.html) By Niall Ferguson | Newsweek
The China Challenge (http://online.wsj.com/article/SB10001424052748703864204576315223305697158.html) By Henry Kissinger | Wall Street Journal
Henry Kissinger on China (http://www.nytimes.com/2011/05/15/books/review/book-review-on-china-by-henry-kissinger.html) By MAX FRANKEL | New York Times
Modest U.S.-China progress (http://search.japantimes.co.jp/cgi-bin/ed20110514a1.html) The Japan Times Editorial
U.S.-China's Knotty but Necessary Ties (http://www.cfr.org/china/us-chinas-knotty-but-necessary-ties/p24973) By John Pomfret | Council on Foreign Relations
Do Americans hold �simple� ideas about China's economy? (http://curiouscapitalist.blogs.time.com/2011/05/12/do-americans-hold-%E2%80%9Csimple%E2%80%9D-ideas-about-china%E2%80%99s-economy/) By Michael Schuman | The Curious Capitalist
Beijing has now become the most important trading partner for the advanced industrial nations of Northeast Asia and Australia, as well the comparatively poor countries on its frontiers. It is a leading investor in infrastructure development and resource extraction across the region. These thickening commercial ties have already begun to complicate calculations of national interest in various capitals.
China�s rapid economic growth has also enabled a substantial expansion in military spending. And Beijing�s buildup has begun to yield impressive results. As of the early 1990s, the Pacific was, in essence, a U.S. lake. Today, the balance of military power is much less clearly in America�s favor, and, in certain respects, it has started to tilt toward China. While its arsenal remains comparatively small, Beijing�s ongoing deployment of intercontinental ballistic missiles will give it a more secure second-strike nuclear capability. Washington�s threat to use nuclear weapons, if necessary, to counter Chinese aggression against its allies is therefore dwindling toward the vanishing point. As happened during the cold war, once the Soviets achieved a form of nuclear parity, the burden of deterrence will fall increasingly on the conventional forces of the United States and its allies. And, here, the trends are, if anything, more worrisome. Since the mid-1990s, China has been investing heavily in so-called �anti-access� capabilities to deter or defeat American efforts to project power into East Asia. People�s Liberation Army (PLA) strategists appear to believe that, with enough highly accurate, conventionally armed ballistic and cruise missiles, they could, in the event of a confrontation, deny U.S. forces the use of their regional air and naval bases and either sink or push back the aircraft carriers that are the other principal platform for America�s long-range power projection.
If the PLA also develops a large and capable submarine force, and the ability to disable enemy satellites and computer networks, its generals may someday be able to convince themselves that, should push come to shove, they can knock the United States out of a war in the Western Pacific. Such scenarios may seem far-fetched, and in the normal course of events they would be. But a visibly deteriorating balance of military power could weaken deterrence and increase the risk of conflict. If Washington seems to be losing the ability to militarily uphold its alliance commitments, those Asian nations that now look to the United States as the ultimate guarantor of their security will have no choice but to reassess their current alignments. None of them want to live in a region dominated by China, but neither do they want to risk opposing it and then being left alone to face its wrath.
When he first took office, Barack Obama seemed determined to adjust the proportions of the dual strategy he had inherited. Initially, he emphasized engagement and softpedaled efforts to check Chinese power. But at just the moment that American policymakers were reaching out to further engage China, their Chinese counterparts were moving in the opposite direction. In the past 18 months, the president and his advisers have responded, appropriately, by reversing course. Instead of playing up engagement, they have been placing increasing emphasis on balancing China�s regional power. For example, the president�s November 2010 swing through Asia was notable for the fact that it included stops in New Delhi, Seoul, Tokyo, and Jakarta, but not Beijing.
This is all to the good, but it is not enough. The United States cannot and should not give up on engagement. However, our leaders need to abandon the diplomatic �happy talk� that has for too long distorted public discussion of U.S.-China relations. Washington must be more candid in acknowledging the limits of what engagement has achieved and more forthright in explaining the challenge a fast-rising but still authoritarian China poses to our interests and those of our allies. The steps that need to be taken in response�developing and deploying the kinds of military capabilities necessary to counter China�s anti-access strategy; working more closely with friends and allies, even in the face of objections from Beijing�will all come with steep costs, in terms of dollars and diplomatic capital. At a moment when the United States is fighting two-and-a-half wars, and trying to dig its way out from under a massive pile of debt, the resources and resolve necessary to deal with a seemingly distant danger are going to be hard to come by. This makes it all the more important that our leaders explain clearly that we are facing a difficult long-term geopolitical struggle with China, one that cannot be ignored or wished away.
To be sure, China�s continuing rise is not inevitable. Unfavorable demographic trends and the costs of environmental degradation are likely to depress the country�s growth curve in the years ahead. And this is to say nothing of the possible disruptive effects of inflation, bursting real-estate bubbles, and a shaky financial system. So it is certainly possible that the challenge posed by China will fizzle on its own.
But if you look at the history of relations between rising and dominant powers, and where they have led, what you find is not reassuring. In one important instance, the United States and Great Britain at the turn of the twentieth century, the nascent rivalry between the two countries was resolved peacefully. But in other cases�Germany and Britain in the run-up to World War I, Japan and the United States in the 1930s, and the United States and the Soviet Union after World War II�rivalry led to arms races and wars, either hot or cold. What saved the United States and Britain from such a clash was in part the similarity of their political systems. What made conflict likely in the latter scenarios were sharp differences in ideology. And so, unless China undergoes a fundamental transformation in the character of its regime, there is good reason to worry about where its rivalry with the United States will lead.
Aaron L. Friedberg is a professor at Princeton University and the author of the forthcoming book A Contest for Supremacy: China, America, and the Struggle for Mastery in Asia
Dr. K�s Rx for China (http://www.newsweek.com/2011/05/15/dr-k-s-rx-for-china.html) By Niall Ferguson | Newsweek
The China Challenge (http://online.wsj.com/article/SB10001424052748703864204576315223305697158.html) By Henry Kissinger | Wall Street Journal
Henry Kissinger on China (http://www.nytimes.com/2011/05/15/books/review/book-review-on-china-by-henry-kissinger.html) By MAX FRANKEL | New York Times
Modest U.S.-China progress (http://search.japantimes.co.jp/cgi-bin/ed20110514a1.html) The Japan Times Editorial
U.S.-China's Knotty but Necessary Ties (http://www.cfr.org/china/us-chinas-knotty-but-necessary-ties/p24973) By John Pomfret | Council on Foreign Relations
Do Americans hold �simple� ideas about China's economy? (http://curiouscapitalist.blogs.time.com/2011/05/12/do-americans-hold-%E2%80%9Csimple%E2%80%9D-ideas-about-china%E2%80%99s-economy/) By Michael Schuman | The Curious Capitalist
hair images hair wallpaper laptop
amsgc
08-08 11:44 PM
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more...
rvr_jcop
03-26 08:37 PM
With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.
Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.
With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.
If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.
I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.
There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.
Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?
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fide_champ
04-05 10:54 PM
Jang.Lee,
I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.
Please check your PM.
Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.
Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.
I totally aggree with you. I am also from socal and a regular visior to irvinehousingblog.
Currenly I am in apt and tired of living in apt, but I am definitely in no rush to buy and would probably find a good private home to rent.
Please check your PM.
Land cannot be manufactured. The population is growing by the day and people need a place to live. So the space is at a premium here. The housing market maybe down because of the sub-prime crisis and the banks going out of business. But eventually it has to come back. Maybe this market is not for people who are looking to invest.
Look at india for instance: whatever state the economy is in, the housing always booms because of the supply/demand factor. Eventually US will reach that stage unless otherwise the population shrinks.
more...
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wizpal
06-05 05:06 PM
A very simple, dumbed down calculation to see which one trumps the other, buying or renting:
1. Home Cost: $300,000
2. Down: $ 30,000 (10% of 300k)
3. Mortgage: $270,000
4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)
6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
7. Rent on a similar home/yr: $ 18,000 (1.5K/month)
8. Equity/yr: $ 15,000 (5% of 300K)
9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)
I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.
Situation Rent:
If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
Of course, your capital of $30,000 is still earning compounded returns.
Situation Own:
Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.
As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.
Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
1. Home Cost: $300,000
2. Down: $ 30,000 (10% of 300k)
3. Mortgage: $270,000
4. Mortgage Interest/yr: $ 13,500 (5% of 270K)
5. Tax, Insurance, Maintenance /yr: $ 9,000 (3% of 300K)
6. Returns on Downpayment otherwise/yr: $ 3,000 (10% of 30K)
7. Rent on a similar home/yr: $ 18,000 (1.5K/month)
8. Equity/yr: $ 15,000 (5% of 300K)
9. Savings on tax deductions/yr: $ 4,050 (30% bracket, $13.5K interest)
I'll take a home appraised and bought for 300K for my example. The numbers are basically self explanatory. Contrary to popular claim among those who are pro renting, I don't think I pay more than 3% for tax, insurance and maintenance combined (item# 5). Of course, I was wise enough to buy a home in good condition. But that number will change as the home gets older. Maintenance should not include any upgrades that you do, which is basically only "gravy" and based on owner's discretion. Item# 6; I am going with the average returns if you invested in S&P 500. Item# 7; is what a similar 300K home costs to rent. Item# 8; I have only taken 5% growth which is I think under normal market conditions is the growth you would see on your home. The principal payment has not been accounted for yet. I'll do it later.
Situation Rent:
If you rent, then your expense per year is item# 7 minus item# 6 = $15,000.
Of course, your capital of $30,000 is still earning compounded returns.
Situation Own:
Your expense is item# 4 + item# 5 - item# 9 - item# 8 = $3,450.
As I mentioned in the first line, this is a dumbed down cost comparator. There are many loopholes that can be plugged. All comments are welcome.
Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
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saravanaraj.sathya
08-08 10:39 AM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Yes, that is correct.
I will give you what was asked for in my local office interview:
w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.
I-134 affidavit of support
All passports
Updated and new G-325a (old one I had completed in 2003)
Letter from employer giving detailed job description; salary
last three months paystubs
Company two years of tax returns
Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).
--------------------------------------------------------------------
My situation; entered USA on TN back in July 1999
Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).
I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.
From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.
Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).
I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.
-----------------------------------------------------------------------
When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.
Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.
He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.
He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.
He then said case is approved.
Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.
more...
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EndlessWait
07-14 08:14 PM
Is IV endorsing this? Why immigrationvoice name is there in the bottom signature?
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
EB classification is designed for a purpose giving priority for highly educated and experienced positions. So it is supposed to be unfair.
the spill over from EB1 should go equally to Eb2 and Eb3..can we work on getting this message across.
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NKR
03-25 02:13 PM
If you have found a nice house in a good locality and have got a good deal, and if you think that not having GC is the ONLY hurdle, then I suggest you to go ahead and buy the house.
I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.
I am on H1, I could not afford an independent house because of layers I have at work, so about 2 years ago, I went ahead and bought a town-home. I have a small kid now and we are happy. We might go for a bigger house after GC but I have not thought that far ahead.
more...
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GCmuddu_H1BVaddu
01-09 10:21 PM
sunnysurya Hate Converting EB3 To EB2.
A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"
My very simple reply to that person.
---
I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.
Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.
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breddy2000
03-31 10:02 PM
I was quoting you to make a point, did not mean to put words in your mouth. Apologies.
I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.
did u mean to say 2007 or 2009 on your receipt and notice dates?
I totally agree about the transperancy part and the affect measuring people has on productivity. My receipt date is 07/30/09 and notice date is 09/06/2009, there were cases filed after mine on which RFEs were issued. Does it mean they have preadjudicated/looked at my case ? I can only wish as it is pretty hard to believe that it was looked at.
did u mean to say 2007 or 2009 on your receipt and notice dates?
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mrajatish
04-09 11:13 AM
I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
Administrator2
04-06 07:47 PM
Green card is for convenience – H-1B status is for survival!!!!
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.
If we cannot stay in the US on H-1, then there is no possibility of a green card.
Details of the discriminatory and impractical Senate bill
Here is the link to bill summary:
http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
Please see section 2(e) and section 2(f)
Here is the link to bill test:
http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf
The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, “the best and the brightest” H-1B employees will not be allowed to do any Consulting!!!!
Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.
This discriminatory bill will have following effects:
1.) This bill will hurt all sectors of the US economy, directly and indirectly.
2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.
3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.
Timeline and Urgency of this massive issue
This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.
What we have to do
1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody’s support.
Please standby for more information and action items.
-----------------------------------------------------------------------------------------------------------------
Clarification
-----------------------------------------------------------------------------------------------------------------
There is going to be no difference whether you ...
1. Renew your H1 at the same company by filing an extension,
2. Transfer your H1 to another company by filing a transfer or
3. File a brand-new cap-subject H1 for someone who has never been on H1.
ALL OF THE 3 WILL BE AFFECTED.
For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).
The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.
But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.
Hopefully, this will answer some of the questions.
ArkBird
01-06 07:00 PM
The palestine problem was created by British people without considering Palestian's approval for the same. What palestinians are asking is their legitimate right. So Hamas is not the first party to blame for palestinian's problem. But Britain is the first person.
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?
Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?
It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".
You can blame Hamas for wrong approach to the problem which aggravated the problem in such a way that it can not be solved. Also due to Hamas, Palestinians are suffering like anything. God bless all innocent people who suffers.
But why just Israel? Jordan and Egypt also got the slice of the pie. Why not fire rocket at them? Blame Israel just because it's the only non-muslim country in the region so they should pay?
Secondly, Hamas is this powerful today just because people of Palestian allowed them, supported them, elected them now why shy from facing the fallout?
It's sad and unfortunate that people are dying but they are dying because of their bad choices not Israel's so called "aggression".
