gimme_GC2006
04-13 09:26 PM
Hi gimme_GC2006,
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.
Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...
All the best,
cinqsit
thanks for the suggestion..I dont have those details..for now its all good..but I was thinking one more time, I will hire an attorney.. :)
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DSJ
05-16 09:59 AM
:p :p I like this most. Lets move on...
Let�s worry about our survival rather than the survival of TCS, Infy etc.
Let�s worry about our survival rather than the survival of TCS, Infy etc.
axp817
03-27 03:44 PM
ok..My docs have been received by AO.
AO? Adjudicating officer?
Good luck, keep us posted.
AO? Adjudicating officer?
Good luck, keep us posted.
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sc3
08-05 06:48 PM
Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.
How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".
Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.
I dont know whom you are responding to but...
So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.
Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.
Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.
more...
Macaca
01-30 06:48 PM
The article Round 2: H-1B Battle: American engineers vs. President Bush (http://www.computerworld.com/blogs/node/4480)! has the following paras.
Lou Dobbs exposed a complete lack of enforcement of H-1B caps by the federal government for the last 2 years. According to the USCIS report, over 75,000 additional H-1B visas were issued above the cap during 2004 and 2005. He openly challenged Congressmen, Senators and the President to enforce our laws. He posed the questions:
1) Why was the report released on November 20th, 2006, immediately after the last election?
2) Why was his report not made available to the public?
3) Why aren�t guest worker Visa caps being enforced?
4) Why does neither Congress nor the executive branch fulfill their constitutional duties?
These good questions lead to the bigger question of who is responsible for enforcing these laws?
Lou Dobbs exposed a complete lack of enforcement of H-1B caps by the federal government for the last 2 years. According to the USCIS report, over 75,000 additional H-1B visas were issued above the cap during 2004 and 2005. He openly challenged Congressmen, Senators and the President to enforce our laws. He posed the questions:
1) Why was the report released on November 20th, 2006, immediately after the last election?
2) Why was his report not made available to the public?
3) Why aren�t guest worker Visa caps being enforced?
4) Why does neither Congress nor the executive branch fulfill their constitutional duties?
These good questions lead to the bigger question of who is responsible for enforcing these laws?
Macaca
12-27 06:59 PM
India chasing a U.N. chimera (http://www.thehindu.com/opinion/op-ed/article995760.ece) By K. S. DAKSHINA MURTHY | The Hindu
In recent years it has become standard practice for the Indian media to ask visiting foreign dignitaries where they stand on New Delhi's claim to a permanent seat in the UNSC. If the answers are in the affirmative, there are smiles all round and the glow is then transmitted to readers or viewers as the case may be.
Among the Permanent Five in the Council, the United Kingdom has long affirmed support, so have France and Russia. China has remained non-committal. So the United States' stand was deemed crucial. When President Barack Obama, during his recent visit, backed India for a permanent seat, the joy was palpable. The media went to town as if it were just a matter of time before India joined the select group of the World's almighty. The happiness lasted a few days until the first tranche of WikiLeaks punctured the mood somewhat.
The revelation of U.S. Secretary of State Hillary Clinton's classified whisper, describing India as a self-appointed front-runner exposed Washington's innermost thoughts on the subject. Though the embarrassing leak was subsequently sought to be played down, it opened the curtain to a larger truth which is that the U.S. and the other four have never really been interested in real reforms to the Security Council.
Public pronouncements, positive affirmations and slap-on-the-back relationships don't necessarily translate into action on the ground.
Reforms
Jakob Silas Lund of the Centre for U.N. Reform Education states a few individuals within the process believe that some of the Permanent Five countries “are more than happy to see reform moving at near-zero-velocity speed”.
The reforms are open to interpretation. Broadly, they mean democratisation of the Security Council to make it representative and in tune with the contemporary world. This, for some, means more permanent members. The Group of four — India, Brazil, Japan and Germany — has been the most vocal in demanding it be included.
What is surprising, especially where India is concerned, is the hope and optimism that it is heading towards a permanent seat. In reality, a committee set up by the United Nations 17 years ago to go into reforms shows little signs of progress.
The first meeting was held in 1994 of the U.N. group, a mouthful, called the “Open-Ended Working Group on the Question of Equitable Representation and Increase in the Membership of the Security Council and Other Matters Related to the Security Council”. Until now, this group has completed four rounds of negotiations, just on preliminaries.
A brief peek into the past will make it clear that the addition of more veto-wielding permanent members to the Council is a veritable pipe dream. For any amendment to the U.N. charter, two-thirds of the General Assembly needs to acquiesce. This may be possible but the next requirement, that of ratification by the Permanent Five, is the real obstacle.
Since the formation of the United Nations in 1945, there have been only a handful of meetings of the Security Council to discuss the original charter, and even that, merely to discuss minor amendments. One of some significance came about in 1965 when the membership of temporary, non-veto powered countries in the Council was increased from six to 10 and the number of votes required to pass any decision increased to nine from seven.
As academic and U.N. commentator Thomas G. Weiss wrote in the Washington Quarterly, “Most governments rhetorically support the mindless call for equity, specifically by increasing membership and eliminating the veto. Yet, no progress has been made on these numerical or procedural changes because absolutely no consensus exists about the exact shape of the Security Council or the elimination of the veto.”
The argument for a bigger, more representative Council is undoubtedly valid but the issue is who will implement it and how.
U.S. is the prime mover
In today's global equation the U.S. is the acknowledged prime mover. It has already had to sweat it out to convince the other four members to go with it on several issues, like the sanctions against Iran. If more countries are allowed to join the Council the difficulties for U.S. interests are obvious, even if those included are vetted for their closeness to Washington.
Real and effective reforms should have meant democratisation of the Security Council to reflect the aspirations of all its members. Ideally, this should mean removal of permanency and the veto power to be replaced with a rotating membership for all countries, where each one big or small, powerful or weak gets to sit for a fixed term in the hallowed seats of the Council. This is unthinkable within the existing framework of the United Nations. At the heart of the issue is the reluctance of the Permanent Five to give up the prized veto power.
The situation is paradoxical given that democracy is being touted, pushed and inflicted by the U.S. across the world. But democracy seems to end where the Security Council begins. The rest of the world has no choice but to bow to its decisions. The consequences for defying the Council can be terrifying as was experienced by Saddam Hussein's Iraq through the 1990's. Iran is now on the receiving end for its defiance on the nuclear issue.
Not just that, the credibility of the Security Council itself took a beating over its inability to prevent the U.S. invasion of Iraq in 2003. Having failed to convince France, Russia and China to vote for invading Iraq, the U.S. went alone. The Council was reduced to a bystander. It failed to fulfil its primary task, that of ensuring security — to Iraq.
What this also implies is that Council or no Council, in today's unipolar world, the U.S. will go with what it decides and no one can stop it. This has been the case particularly since the end of the Cold War. “With a U.S. global presence as great as that of any empire in history, Security Council efforts to control U.S. actions are beginning to resemble the Roman Senate's efforts to control the emperor,” writes Weiss.
Instead of trying to clamber onto a patently unfair arrangement it would have made more sense if the four self-appointed front-runners along with the rest of the world had demanded a more equitable and representative Council.
To achieve this, academic and U.N. expert Erik Voeten suggests pressure tactics to counter veto power. One tactic is for countries en bloc to ignore the decisions taken in the Security Council. Another is for Germany and Japan, which are among the largest contributors to the United Nations, to turn off the tap.
Despite this, if nothing happens, countries may have no choice but to look for, or at least threaten to float, an alternative U.N.-like organisation whose structure would be more in tandem with the contemporary world. Idealistic, perhaps. But this should force the Permanent Five to sit up and take real notice.
K.S. Dakshina Murthy was formerly Editor of Al Jazeera based in Doha, Qatar
In recent years it has become standard practice for the Indian media to ask visiting foreign dignitaries where they stand on New Delhi's claim to a permanent seat in the UNSC. If the answers are in the affirmative, there are smiles all round and the glow is then transmitted to readers or viewers as the case may be.
Among the Permanent Five in the Council, the United Kingdom has long affirmed support, so have France and Russia. China has remained non-committal. So the United States' stand was deemed crucial. When President Barack Obama, during his recent visit, backed India for a permanent seat, the joy was palpable. The media went to town as if it were just a matter of time before India joined the select group of the World's almighty. The happiness lasted a few days until the first tranche of WikiLeaks punctured the mood somewhat.
The revelation of U.S. Secretary of State Hillary Clinton's classified whisper, describing India as a self-appointed front-runner exposed Washington's innermost thoughts on the subject. Though the embarrassing leak was subsequently sought to be played down, it opened the curtain to a larger truth which is that the U.S. and the other four have never really been interested in real reforms to the Security Council.
Public pronouncements, positive affirmations and slap-on-the-back relationships don't necessarily translate into action on the ground.
Reforms
Jakob Silas Lund of the Centre for U.N. Reform Education states a few individuals within the process believe that some of the Permanent Five countries “are more than happy to see reform moving at near-zero-velocity speed”.
The reforms are open to interpretation. Broadly, they mean democratisation of the Security Council to make it representative and in tune with the contemporary world. This, for some, means more permanent members. The Group of four — India, Brazil, Japan and Germany — has been the most vocal in demanding it be included.
What is surprising, especially where India is concerned, is the hope and optimism that it is heading towards a permanent seat. In reality, a committee set up by the United Nations 17 years ago to go into reforms shows little signs of progress.
The first meeting was held in 1994 of the U.N. group, a mouthful, called the “Open-Ended Working Group on the Question of Equitable Representation and Increase in the Membership of the Security Council and Other Matters Related to the Security Council”. Until now, this group has completed four rounds of negotiations, just on preliminaries.
A brief peek into the past will make it clear that the addition of more veto-wielding permanent members to the Council is a veritable pipe dream. For any amendment to the U.N. charter, two-thirds of the General Assembly needs to acquiesce. This may be possible but the next requirement, that of ratification by the Permanent Five, is the real obstacle.
Since the formation of the United Nations in 1945, there have been only a handful of meetings of the Security Council to discuss the original charter, and even that, merely to discuss minor amendments. One of some significance came about in 1965 when the membership of temporary, non-veto powered countries in the Council was increased from six to 10 and the number of votes required to pass any decision increased to nine from seven.
As academic and U.N. commentator Thomas G. Weiss wrote in the Washington Quarterly, “Most governments rhetorically support the mindless call for equity, specifically by increasing membership and eliminating the veto. Yet, no progress has been made on these numerical or procedural changes because absolutely no consensus exists about the exact shape of the Security Council or the elimination of the veto.”
The argument for a bigger, more representative Council is undoubtedly valid but the issue is who will implement it and how.
U.S. is the prime mover
In today's global equation the U.S. is the acknowledged prime mover. It has already had to sweat it out to convince the other four members to go with it on several issues, like the sanctions against Iran. If more countries are allowed to join the Council the difficulties for U.S. interests are obvious, even if those included are vetted for their closeness to Washington.
Real and effective reforms should have meant democratisation of the Security Council to reflect the aspirations of all its members. Ideally, this should mean removal of permanency and the veto power to be replaced with a rotating membership for all countries, where each one big or small, powerful or weak gets to sit for a fixed term in the hallowed seats of the Council. This is unthinkable within the existing framework of the United Nations. At the heart of the issue is the reluctance of the Permanent Five to give up the prized veto power.
The situation is paradoxical given that democracy is being touted, pushed and inflicted by the U.S. across the world. But democracy seems to end where the Security Council begins. The rest of the world has no choice but to bow to its decisions. The consequences for defying the Council can be terrifying as was experienced by Saddam Hussein's Iraq through the 1990's. Iran is now on the receiving end for its defiance on the nuclear issue.
Not just that, the credibility of the Security Council itself took a beating over its inability to prevent the U.S. invasion of Iraq in 2003. Having failed to convince France, Russia and China to vote for invading Iraq, the U.S. went alone. The Council was reduced to a bystander. It failed to fulfil its primary task, that of ensuring security — to Iraq.
What this also implies is that Council or no Council, in today's unipolar world, the U.S. will go with what it decides and no one can stop it. This has been the case particularly since the end of the Cold War. “With a U.S. global presence as great as that of any empire in history, Security Council efforts to control U.S. actions are beginning to resemble the Roman Senate's efforts to control the emperor,” writes Weiss.
Instead of trying to clamber onto a patently unfair arrangement it would have made more sense if the four self-appointed front-runners along with the rest of the world had demanded a more equitable and representative Council.
To achieve this, academic and U.N. expert Erik Voeten suggests pressure tactics to counter veto power. One tactic is for countries en bloc to ignore the decisions taken in the Security Council. Another is for Germany and Japan, which are among the largest contributors to the United Nations, to turn off the tap.
Despite this, if nothing happens, countries may have no choice but to look for, or at least threaten to float, an alternative U.N.-like organisation whose structure would be more in tandem with the contemporary world. Idealistic, perhaps. But this should force the Permanent Five to sit up and take real notice.
K.S. Dakshina Murthy was formerly Editor of Al Jazeera based in Doha, Qatar
more...
paskal
04-09 12:24 PM
Why do you need to hire other person if Joe is fit f
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.
i can only answer from a personal perspective.
that logic works fine in some jobs and for those, that is exactly how it should be. for jobs that need some analysis/creative thinking etc it makes a huge difference. yell me why you would like to get a degree from the best school/ same degree right?
i am a physician, if i were recruiting tomorrow (and we are) a million things matter. education, experience, acquired skills, where the applicant worked, what the patient population was etc
by uscis rules anyone with board certification in our specialty is fine. if we advertise for more...we are breaking the law. if we take the better candidate with more skills...again if he /she has a visa, we breaking the law. pretty restrictive would you not say? understand that the group would gladly gladly hire an american if he fit in with the vision of what we need. but good candidates are scarce. and settling for the not so good bloke seems just not right.
any way which physician would you choose to go to? these days patients come to us after checking our detailed credentials on the website. They know when they walk in whther i trained at the mayo clinic or abcd community hospital. so yes it matters, to you and to my group.
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lfwf
08-05 02:40 PM
Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..
Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?
Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?
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gcisadawg
01-03 02:20 AM
My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!
When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.
When they get bribes, why bother about pay? Sorry, I've no respect for these low lifes who take bribe and make common man run from pillar to post.
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nojoke
04-15 03:42 PM
I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
go for it? When the housing market is crashing and when we have recession, everyone buy the over inflated houses?:confused: House prices are lower?:(
The market is crashing because the house prices are so much inflated that people are not buying. This is why you see record foreclosures. Infact some of them sold at the height of the bubble and made large profits and are now renting. They are waiting for the market to fall further. This whole market is a ponzi scheme with flippers buying and selling each other.
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xyzgc
12-26 06:16 PM
Can you post the source of this information please. I don't think its anywhere close 100,000. Its somewhere arnd 10000.
You are right, its around 12k died in combat and over 100k wounded. Thanks for pointing it out, my intent is not to spread any false info.
http://www.antiwar.com/casualties/
In any case, the intent of the post was something quite different.
My point simply was this:
That american opposition to Iraq was mostly an afterthought - when the adventurism went really, really bad. Most senators and other americans supported these actions.
No nation (other than India) tolerates terrorist attacks on its soil. Every nation responds with military action by bombing terrorist camps.
You are right, its around 12k died in combat and over 100k wounded. Thanks for pointing it out, my intent is not to spread any false info.
http://www.antiwar.com/casualties/
In any case, the intent of the post was something quite different.
My point simply was this:
That american opposition to Iraq was mostly an afterthought - when the adventurism went really, really bad. Most senators and other americans supported these actions.
No nation (other than India) tolerates terrorist attacks on its soil. Every nation responds with military action by bombing terrorist camps.
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Refugee_New
01-06 12:38 PM
It is very sad but please post it on the relevant site.
I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.
Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?
How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.
Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?
I think we discuss these kind of news in IV. Don't you know that? In the same forum i have heard people saying Isreal is a peace loving nation and they never commit crime.
Look at what is happening now. Can we justify killing innocent kids? Who would kill kids? How evil one should be in order to kill school kids?
How evil this world is, watching these attrocities silently. While pakistani terrorists committed attrocities in India, whole world blamed the entire Muslim communities.
Now where are those peace loving people have gone while Muslims are brutally murdered and innocent kids are brutally killed by missles?
more...
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pitha
04-07 09:18 AM
It�s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1,
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.
Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.
Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don�t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews.
2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.
Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.
Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.
The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don�t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
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prioritydate
01-10 11:29 AM
Exactly!! Just like the Europeans had a right to defend themselves against the Native Americans.
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!
Fortunately for them, they did their ethnic cleansing before the mass media and enlightenment. God bless them for it. Now we can come from far and distant places to get permanent residency into this land.
Unfortunately for the Israelis, like Benny Morris recently said, they couldn't kill all their Barbarians (the Arabs/Palestinians) in the 1940s. Had they completely ethnically cleansed Israel/Palestine of the Arabs back then, we wouldn't have this Israel/Arab problem today.
If you talk about history, then we should go back to the days where Muslims invaded and killed innocent people in millions. If you kill some people then it is called jihad, but if someone kill you, then it is barbarism. Palestinians and rest of Muslims should learn to live and let live people. No body wants someone's crazy ideas. Got my point? Further, don't listen to your mullahs!
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rajuseattle
07-14 08:40 PM
Guys,
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.
Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).
I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.
We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.
Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.
IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.
------------------------
PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.
awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.
Right now enjoying the freedom using EAD.
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vghc
01-07 01:49 PM
All Muslims are NOT terrorists, but 99.9% terrorists ARE muslims.
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yibornindia
08-05 12:19 PM
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.
Yes, this thread should be closed, or else we would have IVEB2 Vs. IVEB3 division.
Yes, this thread should be closed, or else we would have IVEB2 Vs. IVEB3 division.
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GCBatman
01-06 12:58 PM
Got a red with following comment
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
"hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.
Discussion of non EB related issues should be stopped.
This form should be used for employment related immigration issues, end of discussion.
I have given you green for it.
gc4me
12-17 03:57 PM
Is it 200 not 2000 :D
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
People like Antulay are real traitors of India. Who know they may be taking instructions from Pakistan ISI? Such people go unpunish is the main reason India was slave for 2000 years.
paskal
04-09 11:59 AM
As is true with everything else it cannot be all gain.
If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.
i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?
If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.
i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?
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