snathan
01-15 11:01 AM
Hope the AILA and ImmigrationVoice leadership can work together to urge USCIS to post a statement explaining that the guidelines in the memo are initially meant to encourage compliance by the businesses and prevent abuse; and that the USCIS would start enforcing them starting Jan 2012 or later. Thus it may be just a matter of getting used to the extra bureaucracy.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.
I pray that we all get sorted sooner, so we can start focusing on other important aspects of our careers and family lives.
_____________________for those very concerned____________________
It is easy to tell others to be cool headed to think rationally, but we all agree that its true -so let us try doing so.
I personally believe that most folks shall still be fine - this includes a lot of consulting company folks. We all (everyone having/renewing/aspiring H1) need to start collecting all documentary evidences as mentioned in the memo.
If you do not already do so - start following the guidelines for what USCIS considers as proof of Employer-employee relationships - exchanging weekly status e-mails, work assignments, etc. Also please remember to save these documents more securely (possibly at more than a single location). There could be a few more hassles, for example requesting access to old deleted e-mails from server backups. Start working to get yourself copies of service level agreements and contracts between the various layers of consulting companies - after seeing this memo most HR staff would get cooperative. Provide copies of the memo to your consulting companies sales and placement staff - as they would not want to loose their commissions and thus would help persuade your managers and HR staff to start complying.
_____________________________________________
Best Wishes for all.
Why after 2012....you would get your GC by then? what a selfless generous mind. really appreciate you.
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logiclife
06-28 04:29 PM
So, what did your lawyer say? Would sure love to know, once you hear back.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
Today, he emailed by HR directly and told them that "we will file everyone's 485 in first week of July ".
He also said that there is no need to panic because AILA is already threatening USCIS with lawsuit and right now its in negotiations state. (Whatever). He said that the thread from AILA will prevent USCIS from doing the same mischief again in July 2007 to EB2, and EB3 categories. (Somehow I dont buy that, I dont think USCIS is afraid of anyone and they are acting like and independent body ... like the Supreme court working on its own schedule and own whims).
So the thing is...he acknowledges what happened with EB3-other category in June and says that he will file in July first week (good for me and my other co-workers) but he is still sticking to his guns that "It wont happen because USCIS will be scared of AILA".
What USCIS has done for EB3-other worker category is violation of federal regulation and it cannot just ignore the visa bulletins because it feels like doing so and its having a bad day. But nonetheless, the people who make these decisions dont get sued. The agency gets sued, and those lawsuits are fought by internal lawyers who are on USCIS payroll. They get some heat for violating the federal regulation but its not like they would lose their shirt over it.
dealsnet
05-18 03:11 PM
I think conventional war was ended. But the mistrust is still there. New organization and another set of gurilla warfare will be start very soon. Many LTTE still in Sri Lanka. They may regroup after some time. The refuge camp will be breading ground. If need peace, settle these refugees to good housing, education and jobs. If Sri Lanka thinks the war is over with LTTE, and rule with same manner like before, no peace at sight. May be the unrest will be not in the north, may be in south.
For long lasting peace, cosider all minority with equal rights, like in India. Minority get more rights, because of vote bank.
The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
For long lasting peace, cosider all minority with equal rights, like in India. Minority get more rights, because of vote bank.
The state television of Sri Lanka has confirmed that Prabhakaran has been shot dead while trying to flee the war zone.
And the whole island has been liberated from the LTTE terrorism.
Here is my salute to the brave and heroic Sri Lankan armed forces, our president and the secratery of defence and to my fellow Sri Lankan brothers and sisters!!!! This is it boys!!!! We did it !!!!
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vivid_bharti
09-04 11:20 AM
If you and other who have problems with this thread, don't like this discussion than why do you guys bother to come on this thread, just ignore it....This is not contributing to anything. I dont think oposing parties in this discussion will ever come to an agreement so what is the purpose of carrying on. Please close this and lets concentrate on something else.
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Kushal
07-27 11:46 AM
As someone else mentioned on this forum, it is illegal to earn while on H1-B from sources other than your employer.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
Nope that's not correct. You file your business earnings through 1099 and not W2. It has nothing to do with H1-B. Good luck.
kumar1
07-13 04:27 PM
I'm tired and extremely frustrated. Maybe this country does NOT need
an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.
Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
Google "Canada Immigration"... very first link that you get will be very useful.
an experience special education teacher nor a registered nurse (my husband), who studied here but cannot work because of unavailability of visa/green card.
Starting today, I will explore the possibility of moving to Canada. Could anyone direct me on how to start?
Google "Canada Immigration"... very first link that you get will be very useful.
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samay
07-14 06:51 AM
How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.
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saileshdude
05-29 09:26 AM
As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.
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Lasantha
12-14 05:29 PM
Yes, now that does look fair to me.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
Even if we raise the limit to XYZ from 140000, if we still continue with 7% quota then applicants from India/China/Philippines/Mexico would still be retrogressed. It is not correct.
Let everybody have a go at GC and let it be FIFO, irrespective of the nationality. This is EB and why use diversity if we do not use at the initial stages of bringing people from other countries on H1/J1/L1. These are the people who apply for GC.
1) Increase GC numbers.
2) remove per country cap
3) Remove dependents from GC numbers.
All above should go in simultaneously for a 'FAIR', 'NON_DISCRIMINATIVE' solution.
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samay
08-25 03:01 PM
Hello Sir/Madam,
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
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morchu
06-13 11:10 AM
Dilip,
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
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gcdreamer05
03-27 12:00 PM
How about rajinikanth, vijaykanth, kamalhasan..........
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
Amitab bachan, hrithick, shah rukh..............
If Imran khan has come in to politics why not Azharuddin ?
We can keep guessing but you know who is the right guy ,
Abdul kalaam (can a president become a prime minister too again or something will limit him not to).
Or deport bobby jindal there and make him india PM so that he can release statements about US from there :D:D:D
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gc28262
01-24 05:16 PM
If you think Memo is illegal why can't you file a lawsuit. That should be right way. But I did not see any suggestion from any lawyer. But when when July 2007 issue cropped most lawyers rushed to file lawsuit. Now no one even suggesting lawsuit except some members in IV. Either most are not interested or they think no legal basis to contest memo
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
I am filing a lawsuit. Want to join me ? :cool:
Please read this
MurthyDotCom : H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (http://www.murthy.com/news/n_e-erel.html)
Read the conclusion. I am sure that won't make you happy.
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chanduv23
02-14 03:05 PM
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
Agree - but such an action needs strong leadership and trusted members - till now no one is affirmative. Merely taking the poll does not suffice.
I would recommend that someone stand up as a leader (probably 5 core members who are committed) and then reqruit members into a googlegroup or a yahoogroup.
more...
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JalwaeJana
09-15 12:57 PM
Guys you for got that Eb2 applicant include thos that do not require labor . Also for each labor you would consume 2.3 to 2.5 visa , as with every approved labor there is a spouse and in some cases kids. So to clear 20,000 labor we need 40K visa spilled over to clear all of 2006 plus Eb2 cases that do not require labor
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glus
03-19 09:03 PM
Mr. Janak,
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Do you understand English? First of all, i had mentioned, i am BEING offered, meaning i havent gone for the labor yet and even if i do there will be no buying or selling involved.
Second of all, i am sick and tired of stereotype Indians like you, who ASSUME everything without knowing anything and come out with your own theories from the bizzarro world [i know, pathetic loosers like to vent at any and every opportunities they get. Spare me your crap, if u dont know anything and cant help, then just stay quiet.]
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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qualified_trash
10-24 10:24 AM
Ok got it thanks Amoljak
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
So then that is the only way one can SELL you an approved LC?
there are also genuine cases where a big company will use the labor approved to try and retain another employ. say they file for LC for employee A. it gets approved but A decides to quit. they can then reuse it for an existing employee who is important to them and employee B then essentially gets to the I140 stage.
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needhelp!
09-23 05:01 PM
FIRST lets just send out the emails as requested by IV (Yes, this is OFFICIALLY ENDORSED BY IV initiative)
We will have all the time in the world to discuss the details.
We will have all the time in the world to discuss the details.
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sidbee
06-02 04:01 PM
I am sure once you take a lead and file it yourself many will agree with you then. People will know it is not just talk and posts but you mean it.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
If i had the time and money , to do it , I wont be appealing to IV to do it.
I would have done it by now, and not requesting a team effort.
DSLStart
09-23 03:39 PM
:D:D:D How do you expect them to give you a gori too?
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
You start looking for singles working @ uscis ;)
why not ask for citizenship if we buy 2 houses?. I will even buy that toxic debt from banks, if i get citizenship and a gori.
amitga
02-13 10:28 AM
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
