repy_ram
07-20 07:25 AM
I am in too. :)
Pledging $100 for this effort.
Pledging $100 for this effort.
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GKBest
10-12 02:12 PM
My 140( in 2006) was from TSC and 485 from NSC
THANKS! I will wait for my turn and hope that my application is right next to you.
THANKS! I will wait for my turn and hope that my application is right next to you.
GKBest
10-12 08:02 PM
Please send details with scaned delivery proof to Email: "PublicAffairs, CISOmbudsman" <CISOmbudsman.Publicaffairs@dhs.gov>. This will help him to go to bottom of issue. Step has to taken to avoid this in future. my 2 cents..
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
Send your scanned delvery proof even if you have your receipt #s on hand because the next problem will be the ACTUAL (hardcopy) receipt of the receipt documents.
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arnab221
12-16 12:31 PM
Soilders returning from voilent conflicts have the Post Traumatic Stress Disorder( PTSD ) also called as Shell Shock . I coin this term "Pre Green card Stress disorder". or Pre Green Card SHock.
Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .
And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .
Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .
Dr Sanjay Gupta who seems be an immigrant himself has spent lots of hours researching "Shell shock " maybe we should send him this new term to research .
And last but not the least , Relax . Staying here is not the end of the world .We came here we tried very hard , if God forbid we fail . I personally do not mind one bit to go back to my motherland . Remember if US is teh present then India is the Past and India will be the future . Thats where all the action is now and will be in the future .
Sorry If my last paragraphs hurt the feelings of any die hard members . I was just expressing my way to reduce the tension and stress that is associated with the GC process .
more...
ganguteli
03-06 04:21 PM
If you are saying that you want a temporary fix then I am sure a lot of people who are in the initial stages or are on just H1 will not support you. Do not say that it will indirectly help them because line in front will be reduced. They want more greencard numbers and no wait times.
You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.
You are trying to help folks who are near greencard in last stages only. Such narrow aim should be made wider to get more support.
h1techSlave
06-29 07:58 AM
The link in my earlier post is a job advertisement which clearly states that EAD folks need not apply. There are 1000s of folks out there who are eligible for that position, but for the EAD restriction.
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
As per I-9 form
Any person wrongly discriminated due to EAD expiration date has the option of seeking claims for damages caused by the other party in court of law. I am not aware of any case involving such facts.
___________________
Not a legal advice
more...
jonty_11
08-08 12:08 PM
Congrats...remember folks are waiting for over 10 years...and still not CARD PROD ORDERED e mail...so be happy and enjoy!!!!
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manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
more...
Raju
07-02 09:59 AM
My attorney sent me an email yesterday that my application along with some others applications were filed and they will reach USCIS on July 2nd. They did not send me the tracking number as they are busy working on other cases. I am glad that they filed it and I am happy that thier priorities are right(apply as many as they can ASAP). So, I think my application will reach there sometime today.
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pamposh
08-18 01:37 PM
I dont *****ing care if they are under pressure... they still have to follow the guideliens.... just an analogy... just because ur under pressure to reach work on time... doesnt give you the liberty to speed... u still have to follow the speed limits... whatever.... i am just damn frustrated with this whole mess
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
Completely agree with you. What the heck is this... why not just assign the visa numbers to application as per their PD and then see if the case can be instantly approved or needs more investigation.
more...
ramus
07-07 10:33 PM
That's the reason I said if we at least get 1000 members then we can ask core members and get their help. members should seriously think if they can make it before they saying yes.. I think even Friday option works as member can take long weekend and spend weekend in DC. We will also get to know all IV members.
What do you say?
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
What do you say?
Are you serious? If people are so much interested in getting a GC and would like to make an impact, a day's work should not be a big deal. Forget the weekend stuff as DC streets have no federal government business on weekends. There are some guys who are willing to drive from NY/NJ/NC.
Even if we take the poll and lets say 500 people would like to come, that number will become 250 or less as most of us will have last minute issues as usual :p
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snathan
02-09 04:59 PM
^^^^^^^^^^^^^^^
more...
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gk_2000
02-17 03:05 PM
Well, it goes beyond that. This is a "complicated story with no sub titles".
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
My friend, it is to "push the people" that I am saying all this. How best can we push? Through word of mouth, or thru full campaign?
Another idea: How about restructuring the forums?
In the home page, we promote only those discussions that are important to all, like advocacy.
In next tab, we take on the discussions that are based on individual problems
And all else, can go to the third tab
Also on home page, the following items (just some examples of general interest matter):
- Advocacy day. Donations received vs required.
- Big red button: Donate
- Some links to recent news items on immigration
Home page should have text content that introduces IV, its activities, and a small lecture on why skilled immigration is important
IV website is a board where people of all kinds visit and there is no control over stuff. Just go to any blog site - we see 100 rants and crazy comments as against a few wise talk.
I guess we have to live with it and keep pushing people. Sometimes loud and sometimes gently.
My friend, it is to "push the people" that I am saying all this. How best can we push? Through word of mouth, or thru full campaign?
Another idea: How about restructuring the forums?
In the home page, we promote only those discussions that are important to all, like advocacy.
In next tab, we take on the discussions that are based on individual problems
And all else, can go to the third tab
Also on home page, the following items (just some examples of general interest matter):
- Advocacy day. Donations received vs required.
- Big red button: Donate
- Some links to recent news items on immigration
Home page should have text content that introduces IV, its activities, and a small lecture on why skilled immigration is important
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suavesandeep
07-20 12:17 AM
I pledge $100 for this cause also.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.
I am sure God will bless all of you with a timely GC :). Best Wishes again.
more...
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velan
06-26 01:01 PM
Guys
Guys don't talk about what undocumented workers are going to get, every one has their own story. Instead of comparing like they are going to get these and those, we need to concentrate on what we want. We don't even need to spend lot of time to discuss in this forum about what undocumented workers are going to get, nobody knows when they will get these privileges. In USA you don't get anything that easily, you have to work hard to earn it.
We need to concentrate on IV goals to remove the retrogression and backlog elimination by spreading IV its agenda to our friends to get more funds and members. I believe this approach will help us to achieve our goals, instead talking about about legal vs. illegal.
Guys don't talk about what undocumented workers are going to get, every one has their own story. Instead of comparing like they are going to get these and those, we need to concentrate on what we want. We don't even need to spend lot of time to discuss in this forum about what undocumented workers are going to get, nobody knows when they will get these privileges. In USA you don't get anything that easily, you have to work hard to earn it.
We need to concentrate on IV goals to remove the retrogression and backlog elimination by spreading IV its agenda to our friends to get more funds and members. I believe this approach will help us to achieve our goals, instead talking about about legal vs. illegal.
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mirage
03-06 03:35 PM
They are not going to do what you tell them, 5 year is just an example, people are waiting for 9 years. I say 5 becaue even ROW is 2 year back, so asking 2 would be like take it off...Dude,
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
Don't you like the second part which says
2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.
I personally think 5 years is a long wati. 2 years may be reasonable.
more...
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bluesky1
10-02 06:57 PM
I added me here. Hope our box is not lost.
here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..
here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.
here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
bluesky1
Thank you "Lutherpraveen" for info. I will react on this situation after OCT 10th (traveling right now). I will contact my lawyer and see what can be done. Keep posted on whatz happening..
here is list of July 3rd at 9:03 received by R.William-- If you are still waiting then please add your name
lutherpraveen
PDOCT05
i99
helpme1234
kingnaga
waitforgc123
Rohan99
gclongwaytogo
cool_cat
sivanu
GKBest
If we hear nothing then we may have to take collective action. If any of you guys receive RN plz update as ASAP.
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alisa
12-12 12:24 AM
in one of the threads its said that all 90 senators had agreed to pass the SKIL as against one who did not (sen sessions) and since lame duck required unanimous voting it cud not, but when the demo's bring it up early next year, they would not need an unanimous vote on it but a majority vote? so statistically it sud get through? how far off am i on this?
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
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zxc1251
02-03 02:46 PM
Just curious...WHAT CULTURE R U TALKING ABOUT?
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
1. 2G scam --- Our culture
2. CWG scam --- Our culture
3. Adarsh Housing society scam --- Our culture
4. Land acquisition in states like K'taka and Andhra --- Our culture
5. Gang rapes in Delhi --- Our culture
6. IPL scams --- Our culture
7. Not allowed to hoist our flag in our own country (Kashmir) --- Our culture
8. Chinese can claim Arunachal and issue stapled visas - its OK. Pakis violate ceasefire - Not OK --- Our culture
9. North Indians treated as aliens in Mumbai --- Our culture
10. Hordes of muslims killed in Gujarat --- Our culture
11. Celebrities like Salman, Sanjay Dutt can kill ppl on road, possess AK 47s and still get away with it --- Our culture
12. Mining scam in K'taka and Andhra --- Our culture
The list is never ending brother...CHEATING PPL OF THEIR HARD EARNED TAX MONEY IS THE CHEATERS' CULTURE and GETTING CHEATED BY SUCH CHEATERS IS THE COMMON MAN's CULTURE.
Ofcourse, there's corruption and sickos everywhere. But relatively what is better??? When u have an option what do u want to embrace???
Just speaking 100 languages and celebrating 100 festivals and females not mingling with males thus keeping away from social life etc...is not culture. Ur every day news is culture as well. Wake up to reality and make the choice when u have the liberty to make it.
All said, its ur choice end of the day. Weighing b/w the good and bad and if ur tax money is put to good use or what? I think the writing on the wall is clear and can easily make out the differences b/w white and black. But again thats just me. 5 fingers are not the same.
I think you got culture and problems mixed up......
What you have listed are problems our country is facing right now.....
While speaking 100 languages, celebrating 100 festivals and learning same values that we, our parents and their parents believed in is really a culture......
ushkand
08-03 11:10 AM
Someone who had their I-140 approved from TSC had their checks cashed from NSC yesterday -
http://www..com/discuss/485eb/19518573/
http://www..com/discuss/485eb/19518573/
DallasBlue
08-25 12:00 AM
Quote:
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
Originally Posted by unitednations
If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.
That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.
No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.
Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.
Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.
The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.
It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.
I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.
Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?
Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.
Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
UN,
am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?
wasnt h1b intended for a inhouse job rather than a job at a client company ?
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