days_go_by
01-31 01:30 PM
Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
----------
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
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marlon2006
06-09 03:45 PM
I agree with most of things you said. By the way, I called the office of the Honorable Attorney General Alberto Gonzales today. I sent e-mail messages as well. Obviously I don't even ask about fixes since he is not supposed to have that power. However, I requested a timeline on when the EB3 I-485 cut-off dates are supposed to move ahead. That is something he does have power to do.
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
chanduv23
06-02 10:52 AM
I am wondering if this is still happening. We don't see any new posts stating 485 has been denied.
If anyone is facing this situation, please send me a private message.
If anyone is facing this situation, please send me a private message.
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krishnam70
07-18 02:44 PM
Recapturing lost numbers is not a permanent solution. Per country limit 7% is ridiculous. We need to make sure we are not discriminated against by the per country limit. Its not my fault that someone from Europe doesnt want to come here and not so many from Africa or south america qualify for the EB visas.
posts like this project your cheap thinking ! this forum is not just for one ethnic group or class it is here to help people from all nations and backgrounds for the common purpose of doing justice to legal immigrants.
posts like this project your cheap thinking ! this forum is not just for one ethnic group or class it is here to help people from all nations and backgrounds for the common purpose of doing justice to legal immigrants.
more...
ilikekilo
04-15 03:14 PM
Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
GT7481
07-18 12:53 PM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 9.01 AM
Mode of filing :Fedex
Service Center: NSC
Rejected: Dont Know
Time Delivered To USCIS: 9.01 AM
Mode of filing :Fedex
Service Center: NSC
Rejected: Dont Know
more...
senthil1
04-27 02:33 AM
My analysis if the law is passed in the current form
1. Non displacement provision will delay H1b process. But innovation will not be impacted as best companies Like Google, Microsoft and start up companies will not have a problem in proving that skills are not available in the market.
2. When a company lays off they cannot recruit for 6 months. But a company is laying off people they will hardly recruit for 6 months. Generally when they do less than 5% of staff that will not come under layoff provision and still they can recruit H1b. So only a few positions will be impacted.
3. 50% rule may make many bodyshoppers and Top indian companies force to recruit US Citizens and medium non public companies may split into many companies. Some H1b dependent small and medium companies may go out of business. It will have huge short term impact on H1b aspirants but they will adjust quickly to change their jobs.
4. More powers for DOL will make the companies to follow the law and reduction of abuse
5. Of course the restrictions will make less number of jobs for H1bs and L1s. But when economy improves demand will increase so that H1b cap will be reached inspite of all these restrictions. I strongly believe that system will adjust the new restrictions similar to TARP bill but short term very high impact. But that can be minimised by applying all those restrictions only for new H1bs. Generally more restrictions the persons qualifying will be best and bright and also wages for H1bs,L1s also will increase with improved working conditions.
6. If pro immigrants like IV can negotiate to include Recapture or increase GC cap. But that depends on chance of passing the bill. If IV and other pro immigrants lobby and block the bill then that makes sense. But if the bill gets bi partisan support then it may be wise to take different approach. This bill may be like 2007 and may not be considered at all.
I did not read the bill completely but my views were based on some major provisions and also I do not believe the conspiracy thoeries that they want to remove the H1b program first then EAD then GCs. But it is a protection for US citizens. I am not arguing that the protection is right or wrong but most countries in the world are trying to do that when recession. India has 100% protection for jobs for Indian citizens
1. Non displacement provision will delay H1b process. But innovation will not be impacted as best companies Like Google, Microsoft and start up companies will not have a problem in proving that skills are not available in the market.
2. When a company lays off they cannot recruit for 6 months. But a company is laying off people they will hardly recruit for 6 months. Generally when they do less than 5% of staff that will not come under layoff provision and still they can recruit H1b. So only a few positions will be impacted.
3. 50% rule may make many bodyshoppers and Top indian companies force to recruit US Citizens and medium non public companies may split into many companies. Some H1b dependent small and medium companies may go out of business. It will have huge short term impact on H1b aspirants but they will adjust quickly to change their jobs.
4. More powers for DOL will make the companies to follow the law and reduction of abuse
5. Of course the restrictions will make less number of jobs for H1bs and L1s. But when economy improves demand will increase so that H1b cap will be reached inspite of all these restrictions. I strongly believe that system will adjust the new restrictions similar to TARP bill but short term very high impact. But that can be minimised by applying all those restrictions only for new H1bs. Generally more restrictions the persons qualifying will be best and bright and also wages for H1bs,L1s also will increase with improved working conditions.
6. If pro immigrants like IV can negotiate to include Recapture or increase GC cap. But that depends on chance of passing the bill. If IV and other pro immigrants lobby and block the bill then that makes sense. But if the bill gets bi partisan support then it may be wise to take different approach. This bill may be like 2007 and may not be considered at all.
I did not read the bill completely but my views were based on some major provisions and also I do not believe the conspiracy thoeries that they want to remove the H1b program first then EAD then GCs. But it is a protection for US citizens. I am not arguing that the protection is right or wrong but most countries in the world are trying to do that when recession. India has 100% protection for jobs for Indian citizens
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yetanotherguyinline
01-14 10:09 PM
I have not been on top of this action item but this is what I posted at url - http://change.gov/page/s/immigration
Dear President-Elect and Respected members of the transition team,
Congratulations on the historic win and this election has triggered a ray of hope in me. I would be honored to contribute to the revival of America in any small way I can.
I am an engineer and working in Silicon Valley on a temporary visa from past seven years. The insecurity due to my temporary status has, to put it mildly, been a road block to any major progress in my life. I know you will be overwhelmed by information posted through this site, so let me keep this brief...
1. I am pursuing an MBA from Berkeley and aspire to start a technology based firm to create products that iron out inefficiencies in various processes. However lack of permanent residency is holding me back.
2. I have almost single handedly built a product that uses complicated mathematical models that saves US corporations millions of dollars in shipping costs. The directly competing product is built by a group of professors and PhDs. I want to use my current experience along with my managerial education to positively contribute to the society.
3. My wife and I plan on buying a house but again lack of permanent residency is holding us back.
In short, I would have contributed more to the society and have grown faster professionally if I had the security of a permanent residency.
Just because I happen to be from a country with a large population, I get hit by the green card quota and have to patiently wait for about 10 years when someone from a different country with similar qualifications gets the residency in about a year. Is this fair?
-XXXXXX
Dear President-Elect and Respected members of the transition team,
Congratulations on the historic win and this election has triggered a ray of hope in me. I would be honored to contribute to the revival of America in any small way I can.
I am an engineer and working in Silicon Valley on a temporary visa from past seven years. The insecurity due to my temporary status has, to put it mildly, been a road block to any major progress in my life. I know you will be overwhelmed by information posted through this site, so let me keep this brief...
1. I am pursuing an MBA from Berkeley and aspire to start a technology based firm to create products that iron out inefficiencies in various processes. However lack of permanent residency is holding me back.
2. I have almost single handedly built a product that uses complicated mathematical models that saves US corporations millions of dollars in shipping costs. The directly competing product is built by a group of professors and PhDs. I want to use my current experience along with my managerial education to positively contribute to the society.
3. My wife and I plan on buying a house but again lack of permanent residency is holding us back.
In short, I would have contributed more to the society and have grown faster professionally if I had the security of a permanent residency.
Just because I happen to be from a country with a large population, I get hit by the green card quota and have to patiently wait for about 10 years when someone from a different country with similar qualifications gets the residency in about a year. Is this fair?
-XXXXXX
more...
cagedcactus
11-14 01:26 PM
WD, I am with you on this.
Heck, if no one will do it, I will send that letter with different names multiple times.....
Dobbs is not only unfair, he is the ultimate hypocrite. Nothing but an opportunistic Fagg*t.
And if WWJ cares to contact me back and ask me to justify my statement, I am ready to do it.
I am not going to sit on my comfy behind and wait for lunatics like Dobbs to decide what my future will be....
If I go down, I am going to go down swinging.....
I am even going to call the radio and ask the same thing you have put in that letter if they ignore my emails.
Heck, if no one will do it, I will send that letter with different names multiple times.....
Dobbs is not only unfair, he is the ultimate hypocrite. Nothing but an opportunistic Fagg*t.
And if WWJ cares to contact me back and ask me to justify my statement, I am ready to do it.
I am not going to sit on my comfy behind and wait for lunatics like Dobbs to decide what my future will be....
If I go down, I am going to go down swinging.....
I am even going to call the radio and ask the same thing you have put in that letter if they ignore my emails.
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sriharirag
07-17 10:31 PM
Can we also add a section that says that H1Bs also pay taxes...including medicare and SS?
more...
cooldude0807
09-17 11:46 AM
Hope they get to HR 5882 before the lunch break!!!
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rimzhim
02-01 03:05 PM
There is one more thing that not many people are aware of.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
Let me ask eveybody. Even after all this, why are these Desi consulting companys successful in the market? They have poor quality product (People with forged Resume), they are not charging lower rates, but still they are able to put there people in Projects?
could it be that their products work for less? I am not suggesting this: just pointing out that an anti-immigrant will pick up on this to further his cause. anti-immigrants use all kind of stats to show that their products do charge lower rates.
more...
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NKR
07-02 08:17 AM
Some of the reasons I can think of�
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
Employers will be right in the eyes of the law since there will be an agreement signed by both parties, the law does not care if the agreement was signed under duress, under mild threat or when the employee was ignorant.
Employer is legally bound to pay only what is in the LCA, that amount will be way less than what you get by pay rise, percentage or whatever. So when the employee leaves the employer could keep majority of the share and give only what is mentioned in LCA.
Good employers treat both their current employees as well as old employees equally and that is how they grow, but bad employers don�t. They do not want the employee to leave when they do not have a GC yet, so they will try all the tricks in the book (perfectly legal but highly unethical and totally unprofessional) to keep him saying that if an RFE shows up, they might not be able to respond in time if they are not with them.
They do not find projects, but since the employee is on their payroll, he will find a job himself to remain in status. Here too the employer has not broken any law.
In all of the above instances do you have a case to sue the employer?. No, even if you do have a case do you sue them?. No, cause you need them and then history repeats�.
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misanthrope
10-02 10:06 PM
Well, I don't think gctest is against EB3. He is against consultants from sleazy bodyshopping companies, which is right.
A career based on lies and deception is criminal in my humble opinion. There are people who actually came to US with valid experience and education, but still end up applying in EB-3 because the employer did not oblige. Sad for them, but it again boils down to the fact that if the job description qualified them for EB-2, then they got cheated. Otherwise, it is just.
I would like to clear the stand that I am a MS holder from an American university and I work as a Sr. Engineer in one of the top internet firms. I left an offer from that crappy operating system maker because that job did not require MS or even BS+5. It was BS+3. I chose a job where I get to apply in EB2.
People who crib about not getting a chance, even though their job description did not support it are wrong, IMO. NO ONE forced you in to that job. This is not slavery and US is not the only place where you can get a job.
A career based on lies and deception is criminal in my humble opinion. There are people who actually came to US with valid experience and education, but still end up applying in EB-3 because the employer did not oblige. Sad for them, but it again boils down to the fact that if the job description qualified them for EB-2, then they got cheated. Otherwise, it is just.
I would like to clear the stand that I am a MS holder from an American university and I work as a Sr. Engineer in one of the top internet firms. I left an offer from that crappy operating system maker because that job did not require MS or even BS+5. It was BS+3. I chose a job where I get to apply in EB2.
People who crib about not getting a chance, even though their job description did not support it are wrong, IMO. NO ONE forced you in to that job. This is not slavery and US is not the only place where you can get a job.
more...
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bugsbunny
03-29 04:50 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff
Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum
Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)
As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.
There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.
Please read the following articles for information on the H1B process
MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)
MurthyDotCom : Overview : H1B Visas (Part II) � Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)
MurthyDotCom : Overview : H1B Visas (Part III) � 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)
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wandmaker
06-12 09:14 PM
^
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chanduv23
07-03 07:37 AM
IV will be willing to help as needed.
THOSE ARE GOLDEN WORDS.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
THOSE ARE GOLDEN WORDS.
Go IV Go.
Come on folks, lets start the cleansing work - IV is our organization and lets help IV help us.
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pswar
10-24 04:30 PM
I just looked at my old cases(H1Bs-I-129) and i see LUDs on them too!!! This is so weird.
These are from my last company!
LUD on 05/06/2006 - Approved on October 11, 2003
LUD on 10/21/2007 - Approved on March 19, 2002
I see LUDs but no difference in the status. They both say approval notice sent.
These are from my last company!
LUD on 05/06/2006 - Approved on October 11, 2003
LUD on 10/21/2007 - Approved on March 19, 2002
I see LUDs but no difference in the status. They both say approval notice sent.
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confu
09-17 11:47 AM
5882 might be after the recess, as 6020 might take sometime.
MY VIEW ONLY.
I agree with your view
MY VIEW ONLY.
I agree with your view
felix31
02-06 12:48 AM
Topics like these are distractions, please let us not bother IV core with these petty issues. Need of the hour is -- volunteer time or money. I am trying to do the latter with some success.
Did not mean to cause any distraction, but clear a misconception / misunderstanding that H1B is not for teachers.
cheers!
Did not mean to cause any distraction, but clear a misconception / misunderstanding that H1B is not for teachers.
cheers!
fall2004us
04-15 03:39 PM
Ok here is my experience,
had a hard LUD and received RFE for 325A and birth certificates,
Replied to RFE - USCIS received the mail on the 8th, same day in the evening, received a hard LUD saying, RFE response received and is under process.
Till today, I have been seeing soft LUD on our case, I dont know what is going on !!!
had a hard LUD and received RFE for 325A and birth certificates,
Replied to RFE - USCIS received the mail on the 8th, same day in the evening, received a hard LUD saying, RFE response received and is under process.
Till today, I have been seeing soft LUD on our case, I dont know what is going on !!!
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