jonty_11
04-09 11:28 AM
I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.
IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.
My main concern is two fold:
1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)
2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.
My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.
Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.
Just my 2 cents.....
matter of fact is the spinelesss legislators can only go after the individual(employees), and lick the a** ot corporate America.
IV ' s position is - Opposing the Bill, if some members think otherwise, so be it.
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smuggymba
07-30 08:11 AM
100 thousand is not for a president to worry about. But 11-12 Million is a different story..
I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.
All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:
On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.
I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.
All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:
On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.
mallu
11-12 11:21 PM
Immigration is a luxury bus. In general , those who got into the bus
earlier ( i mean , say 100 years ago ) may not like/care the next batch of passengers ( ooo aaa ouch. I can't stretch my leg all the the way, not
enough oxygen in the bus etc etc ) waiting to board at the next stop.
Now i remember about my Indian friend who passed through the "H1B turned GC holder" route bad mouthing about US h1 policy ( that time there was an attempt to hike the quota by some 20000 and he was deeply upset by that ).
earlier ( i mean , say 100 years ago ) may not like/care the next batch of passengers ( ooo aaa ouch. I can't stretch my leg all the the way, not
enough oxygen in the bus etc etc ) waiting to board at the next stop.
Now i remember about my Indian friend who passed through the "H1B turned GC holder" route bad mouthing about US h1 policy ( that time there was an attempt to hike the quota by some 20000 and he was deeply upset by that ).
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unitednations
03-26 03:24 PM
UnitedNations,
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
So whats the way out for people who get into this situation ? Find a job with a non-consulting company and start everything H1/GC from scratch ?
cinqsit
what i have learned is uscis can do anything at any time if they want to.
They have different legal cases that they would use if they thought companies/people were doing things that they didn't like. From all the research/cases I have seen, come across; I concluded that uscis could apply these cases to everyone if they wish.
However; they do not apply it to everyone.
The h-1b defnesor vs. meissner is something that california service center has beendoing for many, many years and everyone has adjusted to it who file through california.
However; vermont never used that case. Now; they are using that case as a justification to deny h-1b's across the board for staffing companies because they think there is a lot of fraud involved in the petitions. Califiornia; doesn't apply the case becasue they think there is fraud but rather they are doing what they think is lawful.
That's why I tell everyone that before you start getting into advoacy; you have to know all the powers that USCIS has and how they can really start making things difficult for everyone.
Right now; they are not using that case on 140's. If they continue to see in 140 filings by a company that there has been more 140's filed then people on payroll (this will generally be the case as consultants come and go and use ac21) then there might be a shift.
In last eight years; most of the public memos issued by uscis have been employee/candidate friendly. However, those memos can change at any time based on economic and political winds.
more...
Refugee_New
01-06 03:56 PM
When (so called) indian leaders will learn from Isreali counterparts ??
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
coolest_me
12-26 05:40 PM
Most americans have supported the attack on Afghanistan, where Osama is believed to hiding along with other terrorists. Most americans oppose war on Iraq, only because 100,000 american soldiers have died, Isince the Iraq war began and the economy is in shambles and Iraqis are a drain on the failing economy.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
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chantu
07-14 09:51 AM
I think USCIS is successful in using the policy of DIVIDE AND RULE. This is the condition of pathetic LEGAL & EDUCATED immigrants. This is the reason why illegal & uneducated people's voice gets heard because they are united.
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SunnySurya
08-05 02:56 PM
I just got several red dots for expressing my opinions...
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satishku_2000
05-16 05:00 PM
A lot of people don't seem to grasp the fact that what they are doing IS ILLEGAL. Body shopping and everything that goes along with it is against the law in this country, and it is also violating the conditions of the H-1B application. It may be acceptable to you in your mind to do it but the bottom line is -- it's illegal. I am surprised you are crying about illegalities being stopped in this country. There is really not much to debate -- of course it is not an acceptable business model WHEN IT IS ILLEGAL. You can stock up for a business opening on a number of goods -- computers, printers, software etc. BUT NOT SOMETHING THAT IS AGAINST THE LAW. Glad to see congress agreeing with that.
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
Do you stand with Sen. Durbin on amnesty/legalization for illegal/undocumented people while creating problems for tax paying and law abiding consultants? This will be height of hypocrosy...
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chanduv23
03-25 03:50 PM
ok..lets see how it goes.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
It is always good to utilize services of a good Attorney for complex situations. But anyways good luck.
more...
2008FebEb2
08-05 01:35 PM
I a EB2-I with PD 2008 Feb.
I think everybody has the right to port to a different category if they qualify for it.
I feel for Eb3 guys who have been waiting in the queue for ever now.
The Original thread starter is a sh*t stirrer who knows nothing. :mad:
Good luck to everyone. :p
I think everybody has the right to port to a different category if they qualify for it.
I feel for Eb3 guys who have been waiting in the queue for ever now.
The Original thread starter is a sh*t stirrer who knows nothing. :mad:
Good luck to everyone. :p
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GCOP
07-14 10:53 AM
I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?
Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?
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dpp
05-17 10:03 AM
I am not saying everyone else are less skilled that me. Read my posts please. Nor am I saying everyone are less honest than me. I am saying that people applying for an H-1B without having a FULL-TIME JOB from day 1 are DISHONEST.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
Everybody who employs H1B is on FULL-TIME JOB only. There is no exception to that. But the employer can ask his employee to goto any client place to perform the work that the company agreed upon, that is in between the employer and client/third-party vendor. There is nothing to deal with H1B here. H1Bs are always work on a FULL-TIME JOB only with their employer. I don't know what is your problem? You are misleading H1B program on how it works.
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waitnwatch
05-31 05:56 PM
It's time he got some free counseling through his "Employee Assistance Program" for stress and anxiety. Somehow this guy comes out as comic - except it feels that he is about to have a nervous breakdown. By the way I wonder what FoxNews' take on legal immigration is. Some CNN folks move to Fox but I doubt whether Lou stands a chance.
By the way - Lou's turning out to be the biggest stress relief for us.
:D :D :D :D :D :D :D :D :D :D :D :D
By the way - Lou's turning out to be the biggest stress relief for us.
:D :D :D :D :D :D :D :D :D :D :D :D
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pictures 2 bedrooms Apartment - In order to approve your Rental Application. - Clovis
munnu77
12-18 02:54 PM
Sign of very rare good pakistani journalism:
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
http://www.dawn.net/wps/wcm/connect/Dawn%20Content%20Library/dawn/news/pakistan/dont-let-this-sickness-spread-any-further--qs
Worth reading.
good article..
but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
Europen countries doesnt have much of a problem if they want to attack pak..
They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades
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bklog_sufferer
09-30 04:23 PM
I totally agree with the orginal poster, if Obama wins the presidency our chances getting GC any time soon will diminish as the CIR will never include any provisions that benefit EB immigrants.
If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.
If that happens, and if I have to wait for my GC for another 4 years (already waiting here since 2003, applied for GC in 2003, but came to US in 2000) then I will sell my house and move back to home country.
more...
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file485
07-11 11:04 AM
you can try gands.com for H1stamping..they might be a little expensive,but if it works and you want to avoid going back home for H1b stamping trauma..its worth it...
we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US
we went for our H1/H4 renewal stamping with them, though our case was all clear..we dint want to take chance with Chennai consulate and spend in suspense our vacation back home after 5yrs in US
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puddonhead
06-05 01:32 PM
>> First off, a house is really both an investment and a home.
If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.
The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.
The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.
If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.
The scenario is different in India. I believe (based on my assumptions and calculations) that the risk/reward ratio is much more favourable there.
The intangible value of a "home" is the only reason I will ever "buy" a house here - because it is a lousy investment. For me - that tipping point is when I can afford a starter home for cash (it is a differnet topic that I will take a mortgage even then. If there is any problem with the title - the mortgage company is there to fight for me - so it acts as a second layer of insurance). It should not be as far off as you think if you are ready to settle for a small starter home AND actively invest (rather than spend) the principal payment you would have paid towards your mortgage every month.
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vbkris77
03-31 07:42 PM
I am not convinced with the whole systematic preadjudication logic at all. I think it has to do with the mistakenly released memo by USCIS and the criteria which is listed in it. Companies meeting the criteria listed in that memo's H1s/I140s are being looked at and I485 app in the same file. There is no trend in the posts on this site by people who received RFEs to suggest systematic preadjudication, they are all over the place. EB2, EB3 - priority date-years ranging from 2001 to 2006, received RFEs.
May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.
May be their receipt dates are close.. Remember, CIS can't sort the application by PD. They can process in FIFO of RD.
chanduv23
04-12 03:20 PM
Yes, we are all in trouble because of consultants. Nice attitude.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.
I can say that I am in trouble because of everyone else in the queue of 500,000 highly skilled H1 and L1 people waiting for GC. Everyone else other than me and my family is causing trouble for me.
If all others in the queue were to vanish or die somehow,my PD would become current and I can file for 485.
Isnt that the attitude of IEEE-USA. We are in trouble because of competition from Indian and Chinese professionals.
They have a problem with Indian and Chinese engineers whether they come here, or dont come here. They have problem with H1B, they have a problem if they dont come here and merely work on jobs in India and China that are outsourced from here to there.
Just like IEEE-USA has problem with existence of competition, you have problem with the existence of consultants because that sub-community within this community is also asking for Greencards. And your solution is to eliminate competition.
Consultants can say the same thing...that we are in trouble because of these perm-fulltime jobs holders who stick to one job for 10 years and we have a problem with that.
How can you justify, with reasonable objective arguments that perm-fulltime jobs holders should be ahead of the queue from consultants and they are more deserving candidates for Greencard than consultants? I am not a consultant myself but I'd like to hear your reasoning behind this. Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.
I have worked in both capacities, as consultant and as FT. I did FT for 5 years and got fired and moved to consulting and am doing good here. So I am kinda balanced on this issue.
It is no one's fault. We all followed the system properly and did not break any law. So it does not make sense to blame felllow immigrants.
surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
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