xbohdpukc
03-18 12:57 PM
Get a lawyer to answer your questions, they are beyond any competency floating around these forums.
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
And don't listen to all this venting frustration. If you can get yourself a better deal within the limits of the current law -- go for it, and let everyone else burn in hell :)
wallpaper CueroChupacabra
jayleno
07-10 12:49 PM
Hey dude
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
Dont insult a whole state....dont blame/depend on other people in making your decisions...
I need to hear more stories like this to realize I won't be alone when time comes for me to pack up.
I am from A.P. Lot of folks from my state in India can't accept anything but USA outside A.P. Me and my wife really like to live and work in other parts of world and we have even asked my company to send us out of USA. The only reason for me at this point to pursue GC is for my wife be able to work part-time.
Otherwise, I am very content being on H1.
soulat
10-03 11:24 AM
Hello,
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
Firstly, thank you to the attorney for taking the time to answer our questions and to Immigration Voice for facilitating this process.
Dear attorney,
Is the "P" visa category considered a dual intent visa category? Meaning can someone on a P visa apply for permanent residency?
If yes, then is the permanent residency process for a P visa holder the same as someone on an H visa? i.e., get LC, I-140 and then apply for I-485?
Thank you in advance for your reply.
Best wishes to you!
2011 The Cowboy Chupacabra!
hebbar77
09-04 06:22 PM
dealsnet,
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
True facts: I am with you on your thoughts. I feel the same for OUR country.
Don�t assume that things will work like they work in YSR regime.
If you think that, the discussion does not make any sense to you then keep away. You are assuming that IMV has compromised security. FYI, this is not a YSR forum, nor it his jagir to do a security compromise.
True facts: I am with you on your thoughts. I feel the same for OUR country.
more...
gopinathan
07-28 08:19 PM
not true fellow ex-IBO. you will be surprised as how many others are there. we (desis) have a special section for ourselves ofcourse :)
.... Unfortunately, a big number of people who are involved in this biz are Desis.
How can you ask personal questions to someone you don't know and just met? I can't comprehend it.
.... Unfortunately, a big number of people who are involved in this biz are Desis.
How can you ask personal questions to someone you don't know and just met? I can't comprehend it.
gc_chahiye
06-28 08:21 PM
Read this memo:
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
It has gone against what they used to do in the past, and they have not published this new policy in a place where stakeholders have a say (or atleast get to know in advance that the policy is changing). Valid complaints. But I dont think AILA is saying they broke the law. And thats scary.
http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf
USCIS has indeed broken the law by doing what it did this month.
It has gone against what they used to do in the past, and they have not published this new policy in a place where stakeholders have a say (or atleast get to know in advance that the policy is changing). Valid complaints. But I dont think AILA is saying they broke the law. And thats scary.
more...
gc28262
01-16 06:14 PM
http://www.murthy.com/news/n_repatt.html dated March 2006
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
I discussed the matter of the Consular section requiring end-user client (http://immigrationvoice.org/forum/#) letters. Many H1B employers and employees, as well as several AILA attorneys, have approached me as well as the Murthy Law Firm, inquiring about this. The matter deals with the fairly recent requests for letters from supervisors of the end-user clients. These requests require the end users to outline the nature of the job to be performed by the H1B visa candidate, provide details of where the candidate will work, the length of the project, and the need for a specific H1B employee by name and other details. Unfortunately, most end-user clients are not willing to comply with such an onerous request. The very reason for the end-user client to hire an outside consulting company is to minimize the burden of administrative or HR responsibilities. Moreover, the law does not require such detailed letters for the issuance of H1B visas.
�MurthyDotCom
I respectfully summarized the position of many of you, our clients or those using candidates who apply for the H1B visa at Chennai, as follows.
End-user clients generally will not issue letters to the consulate, as they do not wish to get involved with the H1B process. The very nature of the employment relationship, when hiring through consulting companies, is to avoid or minimize the work related to hiring candidates.
Employers who sign the H1B documents do so under penalty of perjury and must pay the required prevailing wage, irrespective of whether they have assignments for the H1B candidates. The employer may decide to send the candidate back to his/her home country if enough assignments cannot be found.
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer�s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer�s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Delays in the issuance of H1B visas cause many of the employers considerable financial (http://immigrationvoice.org/forum/#) loss and postpone the implementation of projects. This results in the additional loss of revenues and credibility with their clients, due to their inability to produce in a timely fashion the required specialty-worker candidates.
2010 January 19th, 2010 at 7:34
panini
05-17 04:28 PM
Oh Yeah? Says who? You? and made you the boss?
First fix your profile. You can't be heard if your credibility is under question.
First fix your profile. You can't be heard if your credibility is under question.
more...
GCBy3000
06-28 12:56 PM
Already it happened for other workers category last month. In mid july THEY WILL STOP accepting 485s if they receive more than they could process.
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
I did not see any precedance for stopping I485 in the middle of months for past 10 years. If it happens that will be first time
hair Uncanny Factoid: Chupacabra
xbohdpukc
02-12 08:25 PM
After reading through the forums, I understand the EB3-World needs to become current for any others to move forward.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
The demand for visa numbers is still being fed by both DOL backlog centers.
But now I notice that EB3-World itself has stopped moving after jumping for some months. Any reasons? (The 245i is already cleared and now it is in Aug 02)
Is there any other 245is preventing it????
The demand for visa numbers is still being fed by both DOL backlog centers.
more...
tikka
07-03 11:28 PM
Totally agree!
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
Digg is about how fast the story becomes popular.. even though we had large number of diggs with previous stories, it wasnt fast enough.
Lets all digg this...NOW! FAST!
PLEASE HURRY !!!!!!!!!!!!!!!!!!!!!
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
hot a glass of Chupacabra,
BharatPremi
12-13 04:27 PM
we, as non citizens, obviously do not have all the rights that the citizens possess. We don't know whether this rule is or is not constitutional (And as someone rightly pointed out that the expertise of a constitutional attorney is required).
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
However if it can be shown that certain citizens/corporations ( for example microsoft, google etc who also make efforts and lobby congress to change the law ) are unduly disadvantaged by this per country cap, then they can be plaintiff. So in a sense, we have allies in the corporate sector with tons of money (and who want to make more!) So they might be willing to support us,
if it is indeed found that the rule can be challenged.
Let's assume that it can not be fought within US Constitutional framework then do we have a choice to bring this to international court level? Can US prove that keeping per country immigration quota for EB categories is not a discrimination but a policy to protect its citizens or per say to protect its industry/economy?
more...
house CHUPACABRA kills MAN caught on
rajeev_74
09-24 06:59 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
brilliant idea...if some of us are able to get off the queue and give more visa numbers to others waiting helps everybody. Along with US homes being sold could add some value. Hats off to nixtor.
tattoo Bnzo – El Chupacabra
apb
12-14 02:24 PM
I really don't see how removing the per country ceilings alone without increasing the anual quota will help the entire comminity. If you do that alone all it will do is make the date retrogressed for all the countries even further. So where's the gain?
Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.
If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:
PS - Pardon me if this sounds harsh but this is how I see it.
We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.
Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.
Getting the anual quota increased, not counting dependents in the quota and recapturing visas from passed years will help EVERYBODY.
If people want to think that something petty as removing the per country quota is going to solve all our problms then all the best (and God bless us all) ! :cool:
PS - Pardon me if this sounds harsh but this is how I see it.
We need to understand that the basic premise of the removing the per country limit uses the assumption that there is enough visa for all of us. But sadly this is not true. We have ask for increasing the GC limit from 140000 to xyz. The last increase was in 1990 which was after 14 years. Now 18 years have passed and there is no change in that direction.
Increasing limit cannot be fought in the court. It requires changes in law. Removing dependents from EB based GC consumption also cannot be decided in court. But removing per country limit for EB/GC can be decided in court. Just because we are fighting for one does not mean we are ignoring other agendas of IV.
more...
pictures Wo Fat - Noche Del Chupacabra
vinabath
10-24 11:01 AM
If you join Microsoft , you might get less salary but they pay your insurance 100%. Is microsoft selling insurance to you?? its just a benefit/perk being an employee of microsoft.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
same thing here too... pre-approved labor is just a perk/benefit offered by employer to hire you with less salary. so if you think you sacrificed your salary to get to cut the line for getting GC then you are thinking right.if not please stop thinking like socialist.
It all about money and business brother.
dresses What#39;s a Chupacabra?
psaxena
01-14 02:07 PM
These rules has always been and so are they right now. Nothing is new in the memorandum. Some one publishes and one points and makes a comment and everyone else like a herd of sheep starts panicking...
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
Long 19 page memo - but loud and clear for many scenarios -
http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
USCIS posts Q & A:
USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
This memo is an eye opener especially for folks on consulting company assignments and those who are self-sponsored or who want to do their own business. Finding a new H1 sponsor would be extremely difficult as well (AC21 folks beware).
Now getting a new H1 or a transfer or a renewal, may be subject to very stringent scrutiny.
This memo has the potential to throw a lot of small boutique Consulting companies out of business and along with it many of their employees - whether they use H1 or not.
Wish the best for all affected folks.
Pray and hope the GC dream is realized faster for all.
Best Wishes
more...
makeup Chupacabra by ~fossick on
la6470
01-17 12:31 AM
Please read this article.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends: NEW USCIS MEMO ON EMPLOYER-EMPLOYEE RELATIONSHIP FOR H-1B PETITIONS: IS IT A WAY TO KEEP CERTAIN WORKERS OUT? (http://cyrusmehta.blogspot.com/2010/01/new-uscis-memo-on-employer-employee.html)
I feel IV can join hands with AILA on this to help us in this situation.
Any new renewals or new H1 filings are bound to be denied unless its a direct employer vs employee relationship. Third party placement indications are bound to be targeted for denial!
We are literaly doomed. Given the slugglishness of the GC process this is bound to cripple us down.
I am feeling sad for those H1B guys who were deported out of Newark thanks to these crooked laws. The laws may be right in their perspective, but they do not understand the havoc it would have created in the lives of those who felt the impact.
I wish and pray for the good of all and those GC/H1B aspirants during these troubled times now and up ahead.
Thanks for the post. I have also expressed my opinion in Mr Mehta's blog who was courageous enough to spell out in clear terms the discriminatory practices of USCIS. We should in no uncertain terms, pull down the mask that USCIS is wearing while practicing pure discrimination and segregation - that is completely alien to the American constitution and society.
girlfriend Entitled #39;El Chupacabra#39;
BharatPremi
07-13 02:04 AM
And Do you (canadian wanna be) have any clue that to get respected salary and position you will be forced by illiterate Canadians to have "Professional Engineering Certificates"... It will suck blood out of your body for 5 years... So just do not read "Greener Side" of Canadian Immigration... I know it may not be applicable to all but more or less most of will have to face the same music in their careers. My all Canadian friends and relatives want to be Americans.. Only some of them practically could proceed for that.. After some stage of life it becomes hard to move families.. That is the reason they are facing now to take decision and simultaneously do not want to live in Canada anymore.. If you have 101 fever it will take 1 month to have Doctor's appointment... GST.. Higher taxes.. statistically there are chances "Most of members of this forum - Canadian Wanna Be" will have less promotions and/or increments in salary eventhough they will find themselves most skilled wherever they will work. Top posts would be the dream for most of you guys unless you start your own business.. if you understand what I am trying to tell... In USA it is not that way.... Having said this I can not say that everybody will experience the same what I am trying to portray but most fo them will.
hairstyles Chupacabra
GCmuddu_H1BVaddu
09-12 09:13 PM
Hey _TrueFacts,
Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.
Last nail in YSR�s coffin
Jagan gets 3 choices: DyCM, mantri, PCC (http://timesofindia.indiatimes.com/news/india/Jagan-gets-3-choices-DyCM-mantri-PCC/articleshow/4997385.cms)
Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.
Last nail in YSR�s coffin
Jagan gets 3 choices: DyCM, mantri, PCC (http://timesofindia.indiatimes.com/news/india/Jagan-gets-3-choices-DyCM-mantri-PCC/articleshow/4997385.cms)
Googler
02-15 12:11 AM
As I said in the Mocanu thread:
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
It would be beyond good for the case if we had some EB applicants who filed their 485s in 2003-2004 and are still waiting.
user1205
02-12 05:09 PM
They need to pump up more numbers otherwise getting rid of quotas doesn't help much.
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
Per country quota sucks big time. DOL/USCIS needs to get rid of it ASAP.
