sc3
08-11 05:41 PM
IV tracker shows 3000+ EB3-I applicants, however, it is not a good tool to make analysis off of. The sorting function does not consider month-year combo. Anybody knows how to download the data to run your own post processing??
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gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
bondgoli007
11-06 03:35 PM
The intent of the H1B program is not to bring people in the country in "Anticipatory mode" as you put it. The intent of the H1B program had always been for US employers to hire foreign skilled workers "On-Demand" when no american is willing, qualified or able to do the said job. Prior to 1999, the visa cap was 65000/yr WITHOUT the extra master's degree cap we have now, and still visas were never totally used up for any year, certainly not on the first day. It is only after the advent of the IT consulting companies hoarding visas in "anticipation" of future jobs that the problems started. Without any restrictions on this kind of abuse, no amount of H1 visa increase would be sufficient. They are talking of raising visas to 130,000 right? Based on the FY 2008 applications, those visas would be used up in TWO DAYS!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
Well said...We are all here due to the H1B visa and I am Thankful for it. However the fact is there is some fraud that goes on. It surely is not be as much as anti H1 folks contend it is but there is some prevention that can be done.
The argument about anticipatory mode will not sit well with even most in this forum. The program is supposed to be on demand..If the visas are running out on first day, then the blame does go to the the anticipatory applications that eat up visas from actual engineers who have a job offers.
Sen Grassley is somewhat right...however, without any parallel reforms in the EB process, all his speech did was come across as simply anti H1. If he is really concerned about the H1 program and its potential benefit , he should be equally be concerned about the H1B employees who are in the EB Immi limbo. So far from his track record, I am not inclined to hold any hope that he will equally pursue EB reforms.
I totally agree with the post from WeShallOvercome....I absolutely feel the same way!
IMHO, the intent of the H1B program is equally important than just loopholes (or not) in the letter of the law.
Well said...We are all here due to the H1B visa and I am Thankful for it. However the fact is there is some fraud that goes on. It surely is not be as much as anti H1 folks contend it is but there is some prevention that can be done.
The argument about anticipatory mode will not sit well with even most in this forum. The program is supposed to be on demand..If the visas are running out on first day, then the blame does go to the the anticipatory applications that eat up visas from actual engineers who have a job offers.
Sen Grassley is somewhat right...however, without any parallel reforms in the EB process, all his speech did was come across as simply anti H1. If he is really concerned about the H1 program and its potential benefit , he should be equally be concerned about the H1B employees who are in the EB Immi limbo. So far from his track record, I am not inclined to hold any hope that he will equally pursue EB reforms.
I totally agree with the post from WeShallOvercome....I absolutely feel the same way!
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vikki76
11-03 01:57 PM
Congrats on getting physical card caliguy--today even both of us got our CPO emails. :D.
Your posts along with alterego, kabmilegaGC and others ..were quite helpful. Ironically, in the entire time, since GC process began , it is only last 2 months that were most stressful but rest of the time, I didn't even care when dates will become current etc.etc..was just going with flow. I wouldn't want to repeat time from Aug 10th to Nov 2nd.--just waiting, waiting and waiting..and nothing happening.
If USCIS becomes more transparent and follows FIFO strictly.then that itself will give lot of relief to waiting applicants.
--------------------------------------------------------------------------------------------------------------------
485 CPO Email: 11/3/2009
Your posts along with alterego, kabmilegaGC and others ..were quite helpful. Ironically, in the entire time, since GC process began , it is only last 2 months that were most stressful but rest of the time, I didn't even care when dates will become current etc.etc..was just going with flow. I wouldn't want to repeat time from Aug 10th to Nov 2nd.--just waiting, waiting and waiting..and nothing happening.
If USCIS becomes more transparent and follows FIFO strictly.then that itself will give lot of relief to waiting applicants.
--------------------------------------------------------------------------------------------------------------------
485 CPO Email: 11/3/2009
more...
$eeGrEeN
01-30 10:36 AM
alipac FAIR.
SteinReport
SteinReport
waitingGC
02-01 12:28 PM
I'm not working in the IT industry and this is the first time I have some idea about what the desi companies are doing in US. Yes, I think these desi companies and people who conducted those fraudulent behaviors are partly responsible for our situation here. I believe most H1B holders are decent people while some like those mentioned in the article are nuts. Bad purges good. Now all H1b holders have to pay the price.
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
Besides, I think those who conducted these fraudulent behavior do not deserve to be called "high-skilled workers".
more...
pappu
03-29 10:06 AM
Thanks. Everyone, please share on your facebook and post on other site. Lets also keep this thred up. All advocacy day threads should be on homepage until advocacy days.
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wawa
10-03 07:48 PM
Hi Smartboy75/Prince7,
Any updates? Have you received the mailed notice? I haven't received this notice so far.
Thanks
Any updates? Have you received the mailed notice? I haven't received this notice so far.
Thanks
more...
walking_dude
11-28 12:19 PM
Let's also E-mail the Sponsors! If we can get the sponors to backout may be the show will be cancelled.
Malace Solutions
-------------------
Larry Malace II ( President )
248-720-2500 (Extn 105)
E-mail : lmalace@malacehr.com
http://www.malacehrsolutions.com/contact.html
Franklin Bank
----------------
Craig L. Johnson ,
President & CEO of Franklin Bank
E-mail - clj@franklinbank.com
Malace Solutions
-------------------
Larry Malace II ( President )
248-720-2500 (Extn 105)
E-mail : lmalace@malacehr.com
http://www.malacehrsolutions.com/contact.html
Franklin Bank
----------------
Craig L. Johnson ,
President & CEO of Franklin Bank
E-mail - clj@franklinbank.com
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kc_p21
12-09 09:29 AM
Bump!!
more...
GCVictim
05-07 12:08 PM
Me and My wife got soft LUD on 03/19/09.
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gene77
08-19 02:31 PM
And I'm sure that other must ask these questions of themselves as well but I just haven't come across any postings recently ..
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
more...
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gg_ny
09-14 09:00 AM
I will be doing these soon.
Pappu, your inbox is full and cant take any more messages .. I have a suggestion, there may be members willing to spend time to help at the same time they may not able to spend hours / Daily but hours / Weekly. They probably can be assigned meaningful tasks to help you.
Pappu, pl clean up your mailbox! I sent a Nature article with potetial contacts but the mail bounced back. On a lighter side, at least tell me you are very busy at DC right now and won't be able to do this ;-)
-gg
Pappu, your inbox is full and cant take any more messages .. I have a suggestion, there may be members willing to spend time to help at the same time they may not able to spend hours / Daily but hours / Weekly. They probably can be assigned meaningful tasks to help you.
Pappu, pl clean up your mailbox! I sent a Nature article with potetial contacts but the mail bounced back. On a lighter side, at least tell me you are very busy at DC right now and won't be able to do this ;-)
-gg
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pappu
07-19 10:07 AM
Message from Pappu:
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
Yes this is not a typo. This is true. Aman has made more financial sacrifices and time sacrifices than anyone else. Not a single penny has been reimbursed to him for his trips to DC, food and stay in DC or car rental in DC. He even risked his job and went to DC on unpaid leave at critical times because lobbying was important for getting our work done. We in the core team know this and when we see the kind of contributions we get from members, we feel disappointed that our efforts are not valued. When we started the $20 contributions people felt $20 was too high and wanted $10 per month or less. The kind of work and effort that is needed to push a single provision is phenomenal and needs lot of capital. The more the better. Sometimes reading posts that say IV core is selfish also disappoints us. People do not know the effort that goes in getting anything done. This website is simply a tool for us to communicate to everyone. The big effort is the lobbying work. We hope the Buisnessweek article helps people realize our hard work and people value it by contributing to it and helping us in all action items.
more...
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gman
06-15 09:35 PM
Has any of you guys heard of "Follow to Join". I believe that if you are "legaly married" before filing I-485 then you should be able to bring your spouse in whenever your GC is approved. If your GC is not approved by the time you get married i think she should be able to come in under H4.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
I'm in a similar situation but more complex. My fiancee was in the US on J-1 visa and had to go back because of 2 year Home residency requirement. I have e-mailed my attorney but she's on vacation until next week. I have my 140 approved and am not sure what next step is as my fiancee's j1 2 year HRR is not up until Jan 2008.
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pappu
12-01 06:42 PM
Leo07,
Thanks for the ideas.
Lack of contributions will reduce our investments in lobbying efforts and that will hurt our chances of overall success. In the last 3 weeks we have received just above 2K. This will be hardly of any consequence when you buy lobbying benefits from the top firm in the country. We will simply invest as much as we can get from members. If members pay us less, we will be able to get less. Provisions in the Omnibus bill are not going to be easy.
If anyone has any doubts about how much we are feared by our opponents they can read
http://www.jobdestruction.org/NewsArchive/index.htm
Titled: 2007-11-29 DC lobbying campaign by Indian special interest groups.htm
Now answering your points
1) On our own IV site, we can consider adding google ads only on Forum pages. However before that we need an assessment from someone that is an expert in google ads to calculate how much we can earn via google ads. Experts in this area can contact us.
2) Advertising is expensive and we cannot afford it. If anyone has contacts with websites, pls use those contacts and get us free space. We can put banner ads on those sites
3) We had $20 as a minimum amount and even then we got only 300+ people to pay. Infact, since most who could have contributed more, only contributed $20 our contributions went down significantly and we were unable to keep up with the Lobbying expenses. At that time several people complained that $20 is too high and it should be $10 or $1. This has been discussed several times on the forum and we have answered many people same question. If people think the value of the effort we all are putting and the price of increasing the chances of their greencard is just worth $20 or $5, then I do not think we should even pursue this effort and even keep this website up.
4) This is a good idea. Next time I start spotlight thread, I would request members to donate if they found the topic helpful. Likewise all active members who help others on the forum by answering their questions can request readers to consider donating if the answers were helpful.
5) This is tough to implement without knowing who is conducting such campaign and if the person can be trusted.
Thanks for the ideas.
Lack of contributions will reduce our investments in lobbying efforts and that will hurt our chances of overall success. In the last 3 weeks we have received just above 2K. This will be hardly of any consequence when you buy lobbying benefits from the top firm in the country. We will simply invest as much as we can get from members. If members pay us less, we will be able to get less. Provisions in the Omnibus bill are not going to be easy.
If anyone has any doubts about how much we are feared by our opponents they can read
http://www.jobdestruction.org/NewsArchive/index.htm
Titled: 2007-11-29 DC lobbying campaign by Indian special interest groups.htm
Now answering your points
1) On our own IV site, we can consider adding google ads only on Forum pages. However before that we need an assessment from someone that is an expert in google ads to calculate how much we can earn via google ads. Experts in this area can contact us.
2) Advertising is expensive and we cannot afford it. If anyone has contacts with websites, pls use those contacts and get us free space. We can put banner ads on those sites
3) We had $20 as a minimum amount and even then we got only 300+ people to pay. Infact, since most who could have contributed more, only contributed $20 our contributions went down significantly and we were unable to keep up with the Lobbying expenses. At that time several people complained that $20 is too high and it should be $10 or $1. This has been discussed several times on the forum and we have answered many people same question. If people think the value of the effort we all are putting and the price of increasing the chances of their greencard is just worth $20 or $5, then I do not think we should even pursue this effort and even keep this website up.
4) This is a good idea. Next time I start spotlight thread, I would request members to donate if they found the topic helpful. Likewise all active members who help others on the forum by answering their questions can request readers to consider donating if the answers were helpful.
5) This is tough to implement without knowing who is conducting such campaign and if the person can be trusted.
more...
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GCwaitforever
07-20 09:35 AM
While I was waiting for GC, I finished MBA last year. I have a Masters degree in Comp. Sc. also. It has been 4 1/2 years with no clear indication regarding the LC alone. Hats off to the screwed up concept of BEC. If my LC is not processed in time, I might leave next year.
I am thinking of doing a part time job on H-1B also. If that pans out well, atleast I will forget the pain of GC for a while.
I am thinking of doing a part time job on H-1B also. If that pans out well, atleast I will forget the pain of GC for a while.
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jp_blr
06-15 01:06 PM
Thanks Senthil for the reply.. I definitly understand what you are saying.. I think the problem is my marriage is not yet fixed, in fact the hunt just started. :)
Guys, Other opinions pls?
It is completely unpredictable. Actually when you file I485 USCIS does not process FIFO(They are supposed to). For example there are 10k gc are left for the year. First they will process the applications which are cleared FP based on PD and receipt date. Always risk is there when filing without marriage. You are safe till USCIS starts process your application. When they take your application for processing then you cannot add your spouse. Also if CIR decides to process backlogs faster then also you will be in problem. Best option is if your marriage is already fixed do it within 3 months and file GC before PD is backdated. You need not file July first. You can wait till Jul15 to see next VB and decide.
Guys, Other opinions pls?
It is completely unpredictable. Actually when you file I485 USCIS does not process FIFO(They are supposed to). For example there are 10k gc are left for the year. First they will process the applications which are cleared FP based on PD and receipt date. Always risk is there when filing without marriage. You are safe till USCIS starts process your application. When they take your application for processing then you cannot add your spouse. Also if CIR decides to process backlogs faster then also you will be in problem. Best option is if your marriage is already fixed do it within 3 months and file GC before PD is backdated. You need not file July first. You can wait till Jul15 to see next VB and decide.
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belmontboy
04-18 06:33 PM
Same company porting is more successful than different company porting. That's what I have been observing. What are your guys thoughts on this??
don't have much data to concur !
don't have much data to concur !
gcformeornot
01-30 09:54 PM
on both
h1b_alex
03-29 03:24 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.
@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help
@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions
@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.
@HRPRO thanks for the suggestion
@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.
I need help on the procedure of documents to be submitted , please help me on that as well.
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